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What rights to custody of your children does the step father have in the event you were to die?
Wiki User
∙ 6y ago
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.
Wiki User
∙ 6y ago
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In California if you die and was never married to the father of your child can you assign custody to your parents?
More than likely the child will be placed in the biological fathers custody in the event of your death. If the father is not in the child's life it will be best to have him relinquish his parental rights so in the event of such accident the child can legally reside with your family.
What is a custody lawyer?
A custody lawyer is a lawyer who specializes in handling legal matters related to child custody and visitation rights. They help clients navigate the complex legal system to protect their parental rights and ensure the best interests of the child are considered in custody arrangements.
Can a mother's sister have the right for the son of her died sister?
In most cases, the mother’s sister does not have automatic rights to the child of her deceased sister. In the event of the child being orphaned, the child's guardianship would typically be determined based on legal procedures, such as the deceased parent's will or court decisions. The aunt may be considered for guardianship or custody, but it is not guaranteed.
Can godparents receive custody if parents family is still alive?
In the event of the death of a divorced/single mother, she can Will the child to them, but the father can challenge.
Could a stepfather get custody of your 2 girls if something should happen to you you have full custody and their biological father has a criminal history?
In order for the stepfather to gain custody in the event of the mother's death, there would first have to be a number of circumstances. If the father is no longer in jail, has a job, home, and a means to provide the children a safe, stable environment, he would likely be the one to get custody. Having a criminal history doesn't necessarily make a parent unfit. But if he were to sign consent for the stepfather to adopt the children, then the stepfather would get custody.But if the stepfather has not adopted the children, there is also the fact of grandparents, aunts and uncles, in addition to the father, who would possibly try to get custody if the stepfather has not already adopted the children.The best thing to do would be to talk to an attorney and find out what your options are. You should also talk to your family and let them know your wishes should something happen to you.
No legal visitation rights are in place at the time does a 7yr old girl have to go over night with the father to stay in a 1 bedroom home with his girlfriend and her child?
If there is no filed custody order than the mother can keep the daughter from visiting her father. Keep in mind, the burden of proof that the dwelling and situation are unsafe is on the mother in the event the father takes her to court.
Can a father make their child visit if they have something on like a friends party or school event just because its his week-end?
Yes, due to custody laws the father can insist the child come and visit, but, it is selfish of the father to insist when the child has an invitation to a party or school event. Instead of arguing it would be better to see if the father could come to see the child at least at the school event which makes him feel like he has an option.
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?
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.
How can you go about getting permission to move out of state when you have joint custody?
Give the other parent primary custody. Otherwise, provide substantial evidence this will benefit the child, establish a long distance parenting plan, and offer a $5000-$10,000 secured bond that forfeits in the event of violation of access rights. see link
Is the bill of rights an event?
Yes.
Can I have legal rights to a baby without going to court?
If you are the natural parent you have legal rights. Those rights are presumed and someone will have to go to court to take those rights away. if you no longer have a relationship with the other parent, or have a very bad relationship with the other parent, and they are the primary caretaker, then the other parent can go to court, perhaps gain sole custody of the child, and your rights will be greatly limited.If you are not the natural parent, it is very difficult to gain legal guardianship over the child without the parent's consent, unless the parent is shown to be incompetent. If the parent is found incompetent, there is no guarantee the court would not find the state foster care system a better option for the child. In any event, you would have to go to court to have any guardianship/adopted parental rights recognized.
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