Children and the Law
Child Support

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?

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Wiki User
2015-07-15 19:19:34

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.

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