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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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โˆ™ 2007-03-10 19:59:29
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Q: 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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Who gets custody of a child when the married mother dies and biological father does not have rights?

I assume this to be an out of wedlock, extra marital affair child. Her husband.


I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?

You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.


If a guardian won't sign for one person to get married can a biological father sign for an underage child to get married?

If the biological father does not have have legal custody, then, no, he can't.


Who has custody of a child whose parents were never married in fl?

The biological mother has presumptive custody, at least until a custody order is hammered out in court.


What custody rights does a father and a husband have to his children after a year of no contact with the children?

Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.


Who has legal custody when never married Ct?

the person who has physical possesion of the child.


Can you get custody of your child if the mother leaves state and never has him?

If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.


How can you get custody for your daughter if her mother is married?

You have to be established, legally, as her biological father so if you have not done that do that first. Have DNA tests done if needed. Then you can apply for custody or visitation rights.


Can a father take a child out of state if the parents are not married and there is no custody appointed?

Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.


Your biological sons are with a non biological father you were never married and there was never any custody battle but he is refuseing to give you your children can he do that?

Most likely not. If the mother had sole legal and physical custody and had the "step father" adopt the children without your knowledge - the adoption would be voidable. If he is illegally holding the children against your or their will, that is considered kidnapping in many states. Get the state involved.


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


Is the married separated mother or biological fathers stepsister who has temporary custody for the past two months most likely to get custody of the 7 month old baby?

Unless the mother is unfit she will get the baby.

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