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Do you have to go through courts to get custody of child when the other parents dies?
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. The surviving parent should consult with an attorney.
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
Wiki User
∙ 14y agoProbate court
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Who has custody of a child when the Parents are separated not by court order and not divorced in Oregon?
If they have not gone through the courts, then the custody depends on the agreement of the couple. There is no hard and fast rule.
Who has legal custody of a minor child when parents have never married in MO?
If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.
What is the best way to get custody of a child?
The only way is legally, through the courts.
How the courts determine custody for parents?
There are several aspects that are considered when courts determine the custody of children to parents in a divorce. This can include the child age and health. They will also consider a parent's lifestyle, the physical bond between the child or children, and the ability to care for the child or children both financially and physically.
How is joint custody of a child decided?
Joint custody of a child can be decided by the parents whereby they share responsibilities for the child. Schedules can be worked out so the child spends time with both parents. Courts can also decide to award parents joint custody in the case of legal disputes and indeed some states have a preference for this in law.
Can parents be granted on order through the courts to keep their child in their custody until the child turns 18?
No. As parents you already have custody but a judge can not give you a guarantee that no matter what will you keep that. The best of the child comes first and if you for some reason is found unfit down the road the child would need a new guardian. If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.
What are the parental rights when the child has been given legal custody to the grandparent from CPS?
Legal Custody is different than Parental rights. The courts decides child visitation, etc. and parents could pay child support to grandparent. It is all up to the courts..
How can a working farther gain custody of this child?
This has to be done through the courts. see link below
Can you give your sister in another state custody of your minor child?
Yes you can but as always this have to go through the courts. Generally, both parents must consent. Contact a lawyer for more details.
Can a parent give the custody of a thirteen year old to her daughter's boyfriend?
No. The courts would not grant custody to the boyfriend. In fact, the courts may commence an investigation for child endangerment and neglect.No. The courts would not grant custody to the boyfriend. In fact, the courts may commence an investigation for child endangerment and neglect.No. The courts would not grant custody to the boyfriend. In fact, the courts may commence an investigation for child endangerment and neglect.No. The courts would not grant custody to the boyfriend. In fact, the courts may commence an investigation for child endangerment and neglect.
What happens to the child support when a child moves from California to Texas to live with non custodial parent who is paying child support?
A change of custody must be filed through the courts. A change in child support should also be filed through the courts.
Can custody be taken away for no reason?
No! There must be good reason and proof before either parent of a child can take total custody if the courts had already given shared custody between the parents of that child. It's best to seek legal advice to be sure you maintain the custody of your child. Good luck Marcy
