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If married, and not living in Kansas. If the mother had a custody order, and first right of refusal is not declared in the orders, he will need to file a custody challenge against her parents. Kansas has an old law that does not allow widowers to have custody of young children. The maternal grandparents can take them.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoNo. This is the hirearchy in the usual situation for custody rights for a minor (child under 18 years of age), but there are exceptions (abusive family, etc.) Parents The Parents immediate family (excepting children) Adopted Guardians, or a sibling over the age of 18 See: Discussion page.
Wiki User
∙ 12y agoGenerally, 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 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 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 custody.
Wiki User
∙ 11y agoThat depends on the laws in your state, whether you were married at the time of the mother's death or if not, the court ordered custody arrangement that was in place at the time of the death. Generally, if you were married when she died, you are awarded all rights. If you were divorced or separated, and the mother had sole or joint physical and/or legal custody, your rights to the contrary would be mandated by the courts. Nothing is ever "automatic" in those cases.
Wiki User
∙ 12y agoGenerally, yes. Unless his parental rights have been terminated or he is judged to be an unfit parent. Biological parents are always favored for custody.
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Do siblings have custody rights if mother is alive after guardian dies?
If your over 18 and your mother happens to die. Then you would keep your kids. But you would be checked on and watched to see if you do ok the first couple months.
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 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.
What has to be done to get grandparents rights?
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
If a cp dies ncp reliquished rights years ago cp was remarried but no adoption does the maternal grandparents get custody in TX?
even when the NCP has parental rights. In Kansas, they can take small children if the mother dies while the parents are together.
How can you get custody of your children if the mother dies?
Can i get custody of two children i have cared for since their mother 1 yr ago children are not related to me
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.
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
Who gets custody of a child when the married mother dies and biological father does not have rights?
Only if she did not have parental rights when the man dies. Otherwise she automatically gets custody unlesss she is unfit. It is assumed the couple was not married. In the United States an unmarried biological mother already has legal custody of her child unless her parental rights have been affected by a court order. If the child was living with the father, his family may petition for custody and in that case the mother should contact an attorney who specializes in custody issues or visit the family court and ask to speak with an advocate.
If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
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..
