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Each situation is different and there is no set answer. The judge will decide. If the biological father is a fit parent then he will most likely be awarded custody. The grandmother would most likely have visitation rights. The judge will look at the situation and decide what is best for the welfare of the child.

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Q: Who can get custody of the child if the mother is deceased the biological father or the mother's mother?
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Related questions

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.


Can a biological father in California who has a criminal background be granted custody to the child?

Yes, provided they have learned their lesson. Unfortunately, the same is not applied to mothers with criminal backgrounds.


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

He fights for custody.


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

only if mum has custody


If the aunt has custody how could the father go about getting custody?

the biological father is next of kin


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.


Is the father the only one that has to pay child support if the mothers parents have custody of the child?

No, both biological parents are obligated to care for their child. However, it depends on the circumstances and the court orders in the case.


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.