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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?
Wiki User
∙ 13y ago
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
Wiki User
∙ 13y ago
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If a boyfriend leaves his pregnant girlfriend could he get custody of the baby?
As unfortunate as this may be it is possible for the father to get custody of the baby, but not full custody unless the mother is proven unfit. Because reguardless of what happened between the couple the father is still the father of the child, and the father still has his rights as a father to be a part of his child's life.
Could father get custody if mother leaves child and moves in with friends?
If she abandons the child, yes.
Can the father get custody if mother leaves to go to another state to work and father keeps child even if they arent married and he is still paying child support?
Yes. He would have to petition the court for custody.
Can you get custody of your child if the mother leaves state and never has him?
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
If a mother leaves her children in the care of a step father in Texas and goes to Oklahoma for 4 months can she be charged with abandonment if they are well taken care of?
the father should file for custody
Should a father get custody if the mother leaves and doesn't spend time with the kids?
This in of itself is not enough information to determine this. Where does she go? Are they left alone? What are the Father's problems? Etc... There are too many factors here. Off the cuff I would say: Full custody? No.
If a father leaves his daughter with her Aunt and has had no contact in several months can the aunt ask for guardianship the mother was denied custody by social services as well This is in Minnesota?
Yes, but she first has to go through court and if the judge thinks the father is unfit, or if the child is old enough to choose who they want to live with, then the judge could give custody to the aunt.
If mom leaves state can the father push for sole custody?
Yes, if the mother leaves the state without the consent of the father or court approval, the father may push for sole custody. He can argue that her decision to move without considering the best interests of the child demonstrates a lack of ability to provide a stable environment. The court will make a custody determination based on the best interests of the child.
Is it considered kidnapping a child if mother and father are married and mother leaves with child without telling father?
I believe it would probably be labelled as custodial interference if both parents have custody of the child. It's usually only kidnapping if someone without custody of the child takes them, though different states and judicial systems will all make their own decisions.
Parent leaves state to work is custody of kid affected?
yes
Can you get sole custody if your wife leaves for another man?
Sole custody is not common these days except for single mothers. see links
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