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The father would be the favored person to get legal custody if the mother had custody and died unless he was found to be unfit to have custody.

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โˆ™ 2010-07-06 21:45:12
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Q: Does the father get custody if the mother dies?
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The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?

the father gets the custody of the child if the mother dies


If no father is listed who has legal custody of the child?

The mother. If she dies, her parents get custody.


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?

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.


The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?

He can still gain custody as the presumptive father.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?

Does anyone know? we asssume this in happening in the U.S..


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.


If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?

Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.


Who gets custody if the unmarried single mother dies and father is not named on birth certificate?

The father gets custody once proof of paternity is established


Non custodial father rights after child's mother dies?

he needs to file for custody


When a child's mother dies and the biological father is unknown who gets custody of the child?

probally go to the God mother


If an unwed mother dies during labor does biological father get custody of baby?

Yes the bilogical father will get the child .


If mother has sole custody never married father can husband get custody of step child before mother dies?

Depends if it is a single trailer or a double-wide


If a single mother dies and the father does not have custody who gets the children?

I live in PA and I am the noncustodial parent. My attorney told me that if my ex-husband dies, I would get immediate custody of my children.


In Texas when the child's mother dies does the joint custody father get custody?

Properly, yes, however there can be complications. If the mother names some other person guardianship, the father could be facing an expensive custody challenge. This issue should be clarified in the custody orders. see links below


What happens if a child's mother dies but she was not married to the father?

If paternity has been legally established, the father could petition for custody/ guardianship.


When mother with custedy dies what steps should father take?

First hire a lawyer, then apply for legal custody.


How do grandparents get access to grandchildren?

The grandparents can get access towards there grandchildren by the mother and father dies and they get them. Or the grandparents file for custody of the children


Would a court appoint custody to an illegal immigrant father that resides in the US illegally if the mother that is a legal citizen dies and the children have a stepfather that wants custody?

yes


Can a father get custody before the mother?

No, but the father can get the custody if he proves that the mother has bad habits like alcoholic or consume drugs.


Who get custody if the mother dies and the father hasn't seen the child in years but paternity was established?

Usually in such a case, the State becomes the child's guardian. The courts may award custody to the father after examining his fitness as a parent.


Does a 17 year old have to live with her father if her mother dies?

Yes,but you could try to have another adult try to get custody in court


Can a mother get full custody if the father is a convicted felon?

I believe that the Mother should always have full Custody.. After the father is a convicted felon


Can a father in wi. get temporary full custody if mother is homeless?

Can a father in wi. get temporary full custody if mother is homeless?


Can a father take their child away from its teen mother?

If not married the custody belong to the mother automatically and the father have to go to court to get visitation rights or custody. If the mother can not take care fo the child and neglects it, the father can alsoi get custody.


Who usually gets custody the mother or the father?

In most circumstances the mother gets primary custody.