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If father died does mother get sole custody?

Updated: 8/17/2019
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14y ago

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That is normally the case, unless there is some reason to disqualify the mother; such as a demonstratable inability from being an effective caregiver.

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Q: If father died does mother get sole custody?
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If you have sole legal custody in the state of Oregon if you died would your husband get custody of your minor children or would their legal father get custody?

My husband had this happen to him..... The mother had sole custody, she died in a car accident. Father picked her up and now had sole custody of her. We called around to different attourneys to see if we had to do anything through the courts to get sole custody, and we were told that due to bio mother dying biodad instantly got sole custody. Now if he didn't want sole custody then a near relative could petition the court for sole custody. Hope that helps some.


Is sole custody given to the mother by South Dakota law if she and the father were never married?

In 49 states the mother has sole custody and control.


Can a father just take a baby from the mother if they were never married without establishing custody first in Missouri?

No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.


Does an unwed mother have sole custody?

Yes, the father have to go to court to get visitation or custody.


What happens with sole custody after the father is awarded visitation in Tennessee?

The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.


Your mother has full custody. Would your father have to consent for you to get married?

No. If your mother has sole legal custody she can consent to your getting married.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


If you are underage and pregnant and no longer with the baby's father who gets sole custody?

I believe that the mother should get custody and she gives the father a schedule to be on.


Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?

If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.


Can a child receive medical benefits if the mother has sole custody and the father dies?

Yes a child can receive medical benefits if the mother has sole custody and the father dies. The state will provide the mother with assistance which will include medical benefits for the child. This can happen with or without the father passing on.


Can father let child miss school without mothers permission?

It depends on the law where you live and your custody order. If the father has sole legal custody (as opposed to physical custody) he would be able to make that decision without input from the mother. If legal custody is joint or the mother has sole legal custody, no he could not.


How do you I file for sole custody of your son when you are not married to his father?

Generally, as an unmarried mother you already have sole custody of your child under the law in every state. The father must establish his paternity in court in order to obtain shared custody and visitation rights. Until he does, you have sole legal custody.