Children and the Law
Child Support

Who gets custody of a child when the married mother dies and biological father does not have rights?


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2010-01-12 02:45:57
2010-01-12 02:45:57

I assume this to be an out of wedlock, extra marital affair child. Her husband.

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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.

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.

Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.

You have to be established, legally, as her biological father so if you have not done that do that first. Have DNA tests done if needed. Then you can apply for custody or visitation rights.

No. If your mother has sole legal custody she can consent to your getting married.

No, although most courts favor custody to the mother.

If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.

A biological father has the right to sue for sole custody, shared custody, or visiting rights to the child; even if he was never married to the mother. He may have to have genetic testing done to prove he is the father if this is at issue.

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

If not married the custody belong to the mother automatically and the father have to go to court to get visitation rights or custody. If the mother can not take care fo the child and neglects it, the father can alsoi get custody.

No, if what is meant is, can a biological mother of a child give custodial rights to her mother without the necessity of court procedure and/or the agreement of the biological father.

In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.

The biological mother has presumptive custody, at least until a custody order is hammered out in court.

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

If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.

The mother. The father have to apply for visitation and custody in court.

Everyone has or had a father. If the father is deceased or the mother has been granted full legal custody then the mother can allow her minor child to marry. If that is not the case, the biological father consent will be necesssary also or the court will have to waive the necessity for such consent.

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