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The step father would have to adopt the child. For this to happen, the biological father would have to relinquish all rights through the court system.

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โˆ™ 2006-04-12 01:19:01
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Q: In Texas would a step-dad get custody of a minor child if the mom died and the biological father has never been a part of the child's life?
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Related questions

Would an aunt or biological father get custody?

the biological father is next of kin


What is vin diesel's biological parents ethnicity?

well his biological father is dominican and his biological mother is Italian but his stepdad was black... he said it in a interview


Is joe Jackson Michael Jackson's stepdad?

Joe Jackson is Michaels biological father.


Can a step father maintain custody of a child if the biological father emerges after two years?

only if mum has custody


What happens if there is a legal and a biological father?

He fights for custody.


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.


If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?

Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.


Does a step father with power of attorney hve custody rights over the biological father?

No he does not.


If you were never married to your child's father and you have sole legal and physical custody who gets custody if you die?

The childs' father, married or not. Your relationship to the father is irrelevent. The father is the first on a long list of family members. Create a living will if that is not acceptable.


Do you have to file for custody of your child in order to get a court document stating you have sole custody?

How much rights does a biological father have if the step father wants to adopt?


Can the biological mother get custody of son that lives with the adopted father?

Yes, she can. All she has to do is press suit to have custody awarded, or convince him to give her custody.


Can a handicapped mother sign custody over to a live in boyfriend when the father of the child wants custody?

No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.


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.


Can the biological father of your daughter whom she does not know seek visitation or custody only if you file for divorce from the mother?

yes biological fathers may seek visitation and custody rights


If an unwed mother dies during labor does biological father get custody of baby?

Yes the bilogical father will get the child .


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 a father get custody if other wishes for someone else guardianship?

Yes. If the biological parents are fit the court will give them custody first.


Can biological mother who has lost custody of her child regain custody in North Dakota?

Depends on the circumstances, to the father, to the state, and was her parent rights suspended?


What rights to custody of your children does the step father have in the event you were to die?

If the child has been residing with the step-father for x amount of time he may be able to get physical custody of the child unless the biological father wants to take the physical custody than he can get visitation.


Who is my half-brother's father to me?

your stepdad


What if one of the parents is not on a birthcerficate can stepfather still adopted?

If the biological father is known and still has his parental rights he have to give them up in order for the stepdad to be allowed to apply for adoption.


Does the father have any custodial rights in Texas if the mother has custody but the child lives with the grandparents?

Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.


Does a biological father have the right to know medical issues if he lost custody of his child?

Yes, he is still the father. It's just that the child is not living with him.


Who Gets Custody When the Father is Not on the Birth Certificate and unwed?

In most states, the biological mother receives presumptive custody unless and until modified by court order.


Can a boyfriend who isn't the biological father take custody of his girlfriend's kids if she signs them over because she has gone to jail?

Guardianship, provided father does not have First Right of Refusal. Even without it, he can file a challenge for custody.