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In most places the surviving parent will automatically be considered to have custody. If there is a reason that this should not happen, the court will appoint a guardian. Others could petition the probate court for custody.

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Q: An unmarried couple has a child and on parent dies who gets custody?
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Related questions

Is it illegal for mother to have custody of a minor child and live with an unmarried man?

No. A single parent can live with whoever they want as long as that person is not harmful to the child.


What is domiciliary custody?

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Should a father ask for child support first?

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Who has custody in Missouri if never been married?

Mother has sole custody. I'm in KCMO. see link


How does joint custody affect child support in Nebraska?

The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.


What rights does the non custodial parent with joint custody have if refusing to give child back?

Generally, only under circumstances in which there is clear evidence that the child is in an unsafe environment, and has been reported as such. And in that case the parent must file for an emergency order with the court of jurisdiction. It will be followed up by a full hearing within a couple of weeks.


Can the father of your child stop you from moving if there is no custody order in place?

no you have to stay with the parent that has custody


If two unmarried people have a a kid together and custody was never established and one parent dies does the surviving parent get custody automatically in ny state?

I will assume this is not a small goat, but a child. The nature of the question does make one wonder though. Custody was established at some point, unless the child moved from home to home in which case, neither parent should have had custody. The child lived somewhere, and that established a default home for the child. You should inform the court of your parental status and your desire to have custody of the child.


Can a parent have custody of a child with out work?

Yes, a parent who is unemployed can have custody.


Who has legal custody of a child of a unmarried couple in Wisconsin?

In Wisconsin, the legal custody of a child born to an unmarried couple is officially with the mother. However, it is possible to arrange a second-parent adoption so that both parents are legal guardians of the child.


Who has custody of children when a couple is unmarried in the state of Florida?

Technically the mother has the first rights, but there isn't really custody until it is taken to court. To aviod any future misunderstandings I would file full custody of the child.


Can one unmarried parent move to a new town without the natural fathers APPROVAL?

There is no requirement to have approval. As they are not married, the mother has custody. Where she and her child live is up to her.