If a mother has legal and physical custody of a child and if she dies and leaves her child to her mother in her will can the child's father obtain custody of the baby or will her mother?

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United States

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit parent.

If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care of the children. The grandparents have a better chance of success if they can prove the surviving parent was not involved in the child's life and that they had a parent-child relationship with the child, took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods.

That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US
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Does a teenage mother have custody of her child?

Yes. The child is your baby. As long as your a fit mother the child cannot be taken away from you. If you are a minor, your parents still have custody of you, but you have custody of your child.

How can a US citizen father obtain custody of his child whose mother is an illegal immigrant?

Answer . \nFile for custodial rights in the appropriate state court in the city or county of residence.\n. \nBe advised that the mother's illegal status is irrelevant in custodial proceedings as US law presumes both biological parents have equal rights to a child until a court rules otherwise.\ (MORE)

Does a father have the right to make a choice that his child and mother of child cannot live with a boyfriend or fiance if the father legal gave custody to the mother?

No, if the biological father does not retain custodial rights he has no say in the living arrangements of the mother and child.. The exception to such, would of course be if the child is in an unsuitable and/or unsafe environment where his or her well-being is in jeopardy.. This does not mean that (MORE)

If there is no court order for custody and the father has physical custody how can the mother get physical custody of the child?

In the United States both parents have equal rights to thechild if they are married and not divorced and there is nocourt order. Generally, if the parents are unmarried the mother has sole custodyand control in most states until the father can establish hispaternity. Remember, a child's mother c (MORE)

Does the mother have legal custody of the child?

In general, yes, if they are not married. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his p (MORE)

How can you get joint custody or physical custody when mother has sole custody of child?

There is a difference between physical and legal custody. The court can award joint legal custody to the parents and determine that one parent will have physical custody. It can also award joint physical and legal custody with the child sharing her time equally at the homes of the parents. Joint (MORE)

If a mother has full custody and the father is not allowed to leave the county with the child according to papers but he does what can you do?

Since the father of the child, would be in Contempt of the Court that made this Order. He can be arrested and extradited back to the UK, if the country he has gone to, has an Extradition Treaty with the UK. If you think that this may happen to you, I would advise you to contact the Police immedia (MORE)

Where does a single mother get sole legal and physical custody of child?

If there are no existing court orders the mother already has legal custody. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since th (MORE)

Your mother has custody of your child how do you get him back?

You need to petition the court with jurisdiction and convince the judge that the child would be better off with you. Since you lost custody in the past you will need to provide proof the problems that caused you to lose custody have been addressed and you can provide a safe, stable home.

How can the father of a child get custody from an abusive mother?

Yes. The court can order it. Or child services can take the child from the abusive parent (by court order) and the other parent can file for custody. But it won't happen "out of the blue" without evidence. If there is gross abuse and it can be seen by any "casual observer" here, then social services (MORE)

How do you sign custody of your child to your mother?

You will have to have your mother file a petition to be appointed the child's legal guardian with your consent. You will need the consent of the other parent or they can file an objection with the court and there will be a hearing. The judge will hear testimony and render a decision. You should inqu (MORE)

Can a father take physical custody of a child if the mother is a minor in the state of California?

If you are the mother your parents have an overall say, if they say it is best for him to take the child then it will be done. However if you are the father think for a minute, is the child better with the mother & grandparents or with you, also are you going to take care of a baby full time, if (MORE)

If the mother loses custody does the father have to pay child support?

There are lots of factors involved. What does the court order say? If there is back child support owed, it is still to be paid. The child still needs to be supported, in this case the state may take the money and give it to the foster care or new guardian for the benefit of the child.

Does a mother have sole custody of her child?

The answer depends on marital status and existing court orders. Briefly: . An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial r (MORE)

When the custodial mother dies and the father does not have custody who gets custody of the child?

United States State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit pa (MORE)

Does mother have sole legal custody of the child if father does not sign birth certificate?

No. The mother does not have sole custody if nothing is filed in court! Please be careful thinking of that. Whether on the birth certificate or not, custody has been established through the court. Both parents have equal rights . Ex: If you are the mom, and the dad takes your child for the week (MORE)

Do you have the right to get the child from the custody of her mother?

You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.

Can a mother with temporary legal and physical custody assign temporary guardianship of the child to someone other than the father without the father's permission?

No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assign your own temporary guardianship to someone else. No. Only the court can grant a guardianship. You need to petition the court for the change in guardianship. You cannot assig (MORE)

Can a grandmother who has legal custody of a child give custody to the mother without notifying the father?

No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter. No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to (MORE)

Can a father keep a child from the mother if she is granted physical custody?

Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court (MORE)

What happens to the child support payments when the mother of the child dies and the father has legal joint custody?

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated. Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated. Pr (MORE)

Can father with full custody lose child to step daughter if mother dies?

Can he? Yes. Will he? No one can predict. The courts always try to make an objective decision regarding custody based on the best interests of the child if a petition for modifications to custody is heard before them. If the court finds that the child's interests would be better served with you, (MORE)

Does a biological father have to pay child support to the biological mother if she doesn't have legal custody?

The answer to this question is very delicate, for two reasons. First, a lot of people use the terms "support" and "custody" without fully understanding that the legal meanings of those words are not necessarily the same as their meaning in ordinary use. Second, each state has its own laws, so we can (MORE)

Do the mother automatically have custody of the child?

The law may vary from state to state and country to country. Generally, in the United States, both parents, if another parent is listed on the birth certificate or otherwise legally indicated as the father, are endowed with joint rights and custody until an agreement is hammered out in court. If no (MORE)

Father and Mother are not married when Mother decides she does not want to be a Mom then abandons the Father and Child. Does the Father have legal rights for full custody?

The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal (MORE)

Can you get custody of your child if the mother is underage and you are not?

No. A court would not remove a child from its mother's custody for that single reason. The court would not punish a mother for being underage by removing her child from her custody and reward the man who caused the pregnancy by having sexual relations with a minor. In fact, perhaps you could be pros (MORE)

When mother is uneducated how father get child custody?

Custodial issues are a matter for the court to decide if the parents cannot come to an equitable agreement. A parent who does not have custodial rights or wants their current status amended should file suit in the appropriate court in the state of residence. The issue of a mother being uneducated (MORE)

Does a minor child have legal rights to social security monies from a deceased father if he died without a will or property and the child's biological mother is the custodial parent in Virginia?

None of the exceptions you present would disqualify a person under 18 years of age from receiving Social Security Benefits attributed to the fathers Soc Sec Account. Whoever the court appoints or considers to be the legal guardian will receive the monies to be used for the benefit and welfare of the (MORE)