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If the biological father is deceased and the child has been removed from bio mom by social services will the child go to the stepfather who wants custody?
Wiki User
∙ 14y ago
Long as he is the immediate next of kin who is physically and mentally able to take care of the child. Also he has to be the only one who wants him/her.
Wiki User
∙ 14y ago
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Does a stepfather have a legal right to maintain guardianship of a stepchild if the biological parent with custody is incarcerated and the biological father wants the child back?
The stepfather would have standing to intervene into the custody case and attempt to be the primary custodian. Ultimately, the court will look at what is in the best interest of the child.
What makes a stepparent?
If a biological dad has custody and placement of his children and the mother remarries, is the her new husband suddenly a stepfather?
Can a 16 year old choose to live with her mother's ex-husband even if he is not her biological or adopted father in Pennsylvania?
Not choose, but in Pennsylvania, a stepfather can file for custody.
When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?
Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.
Could a stepfather get custody of your 2 girls if something should happen to you you have full custody and their biological father has a criminal history?
In order for the stepfather to gain custody in the event of the mother's death, there would first have to be a number of circumstances. If the father is no longer in jail, has a job, home, and a means to provide the children a safe, stable environment, he would likely be the one to get custody. Having a criminal history doesn't necessarily make a parent unfit. But if he were to sign consent for the stepfather to adopt the children, then the stepfather would get custody.But if the stepfather has not adopted the children, there is also the fact of grandparents, aunts and uncles, in addition to the father, who would possibly try to get custody if the stepfather has not already adopted the children.The best thing to do would be to talk to an attorney and find out what your options are. You should also talk to your family and let them know your wishes should something happen to you.
Can a former domestic partner obtain custody of children whose biological parent dies several years after the partnership is dissolved or will grandparents or a sibling of the deceased get custody?
The former domestic partner would have no legal standing. Biological relatives will be favored by the court unless there are extraordinary circumstances.
May a 17 year old NY STATE resident leave mother and stepfather's home to live with biological father without parent's permission?
No, not unless the court grants the father custody.
If both biological parents die who will be granted custody the stepfather or biological relatives in North Carolina?
Many factors can play into this like the child's age and how long the child has been living with the stepfather and what kind of relationship the relatives have with the child, if any. If you were married to the mother you have a better chance. But usually the biological relatives get the child. But the court can decide either way since they focus on what is best for the child. Ask a lawyer for what your chances are based on your background.
Who can get custody of the child if the mother is deceased the biological father or the mother's mother?
Each situation is different and there is no set answer. The judge will decide. If the biological father is a fit parent then he will most likely be awarded custody. The grandmother would most likely have visitation rights. The judge will look at the situation and decide what is best for the welfare of the child.
Can my children stay and live with their stepfather when I die?
They can, but only if the biological father and both sets of grandparents (if alive) dont argue it. The biological father has rights over the children, the stepparents DO NOT unless the children have been legally adopted. It gets even trickier depending on the state and county and if there is a custody agreement.
Can a 9 yr old child have the right to live with grandparents in Pennsylvania?
The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).
Do stepchildren have dual citizenship when the mother is a US citizen and the stepfather a Canadian citizen?
If the stepfather has legal paper for custody, then the children under 18 are eligible for Canadian citizenship.
