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Yes, until a decision is made otherwise by the court. This issue is very common with separated fathers. In 20 years of working with fathers, I've also seen many cases of the children being Willed to boyfriends, friends, or relatives. The father ends up going to the cost of filing for a full custody challenge.

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Q: If a Father who has full custody over his daughter dies is the daughters step-mom allowed to keep her or will the original mother regain custody?
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