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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?
Wiki User
∙ 16y ago
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.
Wiki User
∙ 16y ago
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Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?
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 you are the custodial parent but work at night does the biological father have the right to take custody of the children?
If you have custody awarded or appointed by the court, the father will have to go through the court to get custody. Usually, to reverse such an order, he would have to prove that being in your custody is detrimental to the children. There is shared custody. They have lived with the mother since the divorce four years ago. He has not paid any money for support. Mother has had children more than the 50% of time. Mothers attorney said that father has rights to custody since the mother works nights and they are with her new husband. Since he is blood father he can take custody of children! I find this hard to believe but have to face the fact that it maybe true. I find it a great disruption in their schedule and hard to see a judge changing it but could it happen?
If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?
Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.
Can the judge separate a husband and wife if she feels he is a threat to the kids?
A judge cannot force a married couple to stay away from each other if they don't want to. If one party wants the other to stay away, the court has the authority to restrain them with a restraining or protective order in some cases. If the court finds that the children are in danger from one or both parents, they may remove the children from the parents' custody or restrain the dangerous parent from having contact with the children. In the case where a court finds that the husband is abusive to the children, and the wife does not stop it, and the wife wishes to remain with the husband, it is common for the court to remove the children from both parents' custody and place them in state custody because the father is abusing them and the mother is neglecting them by not protecting them from the abusive father.
How can a father gain custody of his children from the birth mother without having a job?
It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.
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.
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 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?
Their biological father.
Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?
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.
How can you get your children to the UK from their abusive father?
You will need a lawyer to try and get you full custody of your children and your lawyer will have to prove your husband is abusive to his children. If you presently have duel custody of your children and you take the children to the UK you could be charged with kidnapping.
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.
Your daughter died She has 2 children She was married but husband did not adopt the children you are the grandmother Do you have legal custody?
Unless he was designated in the Will, but the father can also challenge.
Is it kidnapping in the state of Indiana if your husband moves to another state with OUR children There is no child custody agreement?
No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.
Who was Britney Spears pregnant by?
The father of Britney's two children was ex-husband Kevin Federline, who currently has custody of the boys.
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.
How can a father get custody of his children from there birth mother?
A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.
Can you give a sentence with the word custody?
The father was awarded custody of his children.
