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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.

2015-07-15 19:19:34
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Related Questions

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 does stepmother with POA sign over deployed father's parental rights back to birth mother?

Custody, not parental rights.


Is a stepmother your mother-in-law?

No, just your stepmother. Your mother-in-law is your husbands/wifes mother.


How so you pronounce stepmother or mother in greek?

stepmother = meetria mother = meetera


What age do you have to be to choose to live with your mother or father when the mother has custody?

Legally minors are not allowed to choose.


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


What was the stepmother in Sleeping Beauty?

Aurora has a mother, not a stepmother


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 we get custody of my husband's children?

Your husband have to go to court and petition for custody. Unless the mother is unfit and you can prove it, it will most likely not be full custody though.


If the mother cheats on her husband who gets custody?

With the American legal system, if the children are young the female will most likely get custody.


How would a stepmother get custody of husbands child if he was incarcerated but has joint custody of him?

She would have to petition the court to be appointed the temporary guardian. If the biological mother has joint custody or is available to take the children the custody will automatically go to her unless she has already been deemed unfit or consents to the guardianship.


How does stepmother sign over deployed father's parental rights back to birth mother?

If you're referencing a custody change, you need power of attorney.


Did Ulysses S. Grant have a stepmother?

No. His father did not marry but once. In fact, Grant's mother outlived her husband by about 10 years.


What do you do when your stepmother wants a physical relationship with you?

Even if your stepmother is quite young she is your stepmother and it is wrong for her to want to have a physical relationship with you. It is taking advantage of possibly a minor and also cheating on her husband (your father.) Tell your father about it and if he will not believe you then speak to your mother; grandparents or another adult family member.


Can stepmother take child form biological mother?

It depends. Is the stepmother still married to the custodial father and if so does the custodial father have any joint or sole custody? It would have to be decided upon in court. If the stepmother is not with the father anymore and the child wants to live with the stepmother you could try to file for legal guardianship but the parents would need to agree or be proven unfit.


Who is Zeus' stepmother?

Zeus doesn't have a stepmother. His mother is Rhea, father is Kronos


Can you give me a sentence using a word step mother?

A stepmother is the woman your father marries after your mother. His stepmother packed his lunch for school.


In California does an unmarried mother with no custody agreement allowed to live in another town After 1 year can the father force her to move back?

who can help a unmarried mother in California get legal and physical custody for free


Can a mother decide who she wants to adopt her child that is in state custody?

Once a child is in state custody I don't think the mother has a say in who adopts the child. However, you may be allowed to meet the adoptive parents.


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?

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.


Is stepmother one word or two words?

one word because its stepmother NOT step mother


When sending out wedding invitations do you put the stepmother with the father or the mother on it?

you would put the stepmother and the father on it


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.


Can a stepmother take a child out of school for a week and take them 3 states away without the consent of the noncustodial parent that has joint legal custody?

No. If the biological parents have joint legal custody, the step mother has no legal authority over the child whatsoever.


What makes a stepparent?

If a biological dad has custody and placement of his children and the mother remarries, is the her new husband suddenly a stepfather?