If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

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Biological Father Gets Custody No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.
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Can an unmarried father win sole custody from the unmarried mother?

Yes, but the circumstances would have to be extreme. Courts arevery reluctant torevoke custody rights from a parent(s) unlessthere is substantial evidence that neglect or abuse has occurred.The main issue courts take into consideration when grantingcustody,(sole or joint), is the well-being of the c (MORE)

If you have joint legal custody and the father has primary physical but delegates all care to his parents and is not involved with the children how hard would it be for the mother to get custody?

The laws vary from state to state, can you narrow it down just a bit? Answer The first issue a judge would address is why the father was awarded primary physical custody in the first place? Secondly, what has changed in the mother's situation that would warrant the custodial order to be changed? (MORE)

What are the chances that a father who never married the mother and also has two sons from a previous marriage could get shared physical custody of an 8-month-old child?

Answer . \nTruthfully, not too good. A baby is most likely to be left with the mother. Although if there are drugs or domestic violence involved it changes it drastically. Your two sons might be an influence as the court wouldn't want to separate the children and that is a positive for you. (MORE)

Does the birth mother have sole custody of the child if she and the father were not married?

In all 50 US states the law presumes that an unmarried birth mother retains sole custodial rights to a child until the court rules otherwise. This applies to minors as well as to adults. Generally, if the parents are unmarried the mother has sole custody and control until the father can establi (MORE)

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 moth (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)

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 and father has joint custody and teen wants only mother to have custody in Wisconsin?

I live in WI as well... at the age of 14 they can decide who they want to live with..it won't affect the custody...the courts aren't going to change it, only if the father is abusive and you can prove it. it would have to something pretty harsh in order to get that changed the laws are very clear th (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)

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?

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 (MORE)

How would a father get sole custody over the mother?

To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent (MORE)

If the unwed mother has sole custody can the father be granted temporary custody?

Possibly. He must establish the parentage with the court before he can petition for any custodial rights. This means he must prove to the court that he is the biological father. In most instances a simple acknowledgement and/or his being named on the birth certificate will suffice. However, if the b (MORE)

Can a 16 year old live with the father while the mother has physical custody and the father has joint custody?

Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is required to abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion (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)

In Texas Does unwed mothers have sole custody if father is in jail?

It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court (MORE)

Does the father get custody of the minor if the mother dies?

Generally, yes. Unless his parental rights have been terminated or he is judged to be an unfit parent. Biological parents are always favored for custody. Generally, yes. Unless his parental rights have been terminated or he is judged to be an unfit parent. Biological parents are always favored for (MORE)

Can a mother lose custody to a man who is not the biological father?

Generally, no. However, you have not provided any detail and there may be circumstances under which an unfit mother may lose custody to a step father who has been a stable parent to the child. You should speak with an attorney who can review your situation and explain your rights and options.

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)

Who gets custody when the mother and father dies?

Relatives willing to step up or foster care. Parents should plan for this possibility, hard as it is, by appointing a guardian (ask them first!) in their will and making financial arrangements.

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 (MORE)

Can a mother obtain sole custody when joint custody is already in place and the father is ill?

Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision. Yes. If there has been a significant change in the circumstances the c (MORE)

Can a mother with sole custody deny visitations to an unfit father?

A mother cannot deny court ordered visitations. She must return to court, seek a modification of the order and provide evidence that will compel the court to limit visitations. "Unfitness" must be determined by the court. A mother cannot deny court ordered visitations. She must return to court, see (MORE)

Can a father take custody from a mother who has legal custody with out mother knowing?

No. He would have to petition the court for custody and he would have to provide notice to the mother. Also, he would need to provide enough compelling evidence to convince the court that the mother is unfit and the child would be better off with him. It is not easy to convince a court to take custo (MORE)