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My husband had this happen to him..... The mother had sole custody, she died in a car accident. Father picked her up and now had sole custody of her. We called around to different attourneys to see if we had to do anything through the courts to get sole custody, and we were told that due to bio mother dying biodad instantly got sole custody. Now if he didn't want sole custody then a near relative could petition the court for sole custody. Hope that helps some.

2008-02-29 18:43:22
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Q: If you have sole legal custody in the state of Oregon if you died would your husband get custody of your minor children or would their legal father get custody?
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How likely is it for the father to get custody if the mother was unfaithful and then left the marriage and family?

The father will find it easier to get the custody of the children , as the wife has left both the husband and as well as the children and is least interested in them.


If you marry into a family how does your husband get joint custody?

Your husband cannot get joint custody of your children from a prior marriage. Custody arrangements are made between parents of children. Your present husband can legally adopt your children with their father's consent. He would then have all the legal rights and obligations of a biological father. The children would become his legal heirs-at-law.


If I have sole legal custody of my children in the state of Illinois if I died would my husband get customdy of my minor children or would their legal father?

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Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.


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.


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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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Can you give a sentence with the word custody?

The father was awarded custody of his children.


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If you are the custodial parent but work at night does the biological father have the right to take custody of the children?

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Not without his fathers and the courts permission.


What rights does a husband have to real estate and all other property in Oregon left solely to his wife by her father in an unwitnessed holographic will?

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If a mother has no job or a unstable job history can a father go for full custody?

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Only if the mother can prove repeatedly that the father is not responsible.Our custody case is in FL and our lawyer told us that when my husband deploys with the military that his children can remain in our home and do not have to relocate to the mother's home for the 6 months he will not be there.


Father and mother never married children born in Florida father now lives in Georgia does he have to legitimize them in Georgia to have them come live with him?

If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.


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