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Answered 2010-05-01 07:55:18

Most likely not. If the mother had sole legal and physical custody and had the "step father" adopt the children without your knowledge - the adoption would be voidable. If he is illegally holding the children against your or their will, that is considered kidnapping in many states. Get the state involved.

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Who has custody of a child whose parents were never married in fl?

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

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.

Do step parents have legal rights to their step kids if the biological parent is unfit to take care of the kids?

Yes and no. If the biological parent is proven unfit to care for they're children then the step parent has the right to APPLY for custody of his/her step children. Keep in mind that being married to the biological parent doesn't automatically make them the parent of the children nor does it make them they're legal guardian so there are no guarantees that the step parent will be given custody. If the children are happy with the step parent and no one in the biological parents family protest the application and the step parent is proven fit to care for the child(ren) then most usually the courts will award the step parent custody.

In New Mexico who has custody of children if the parents are not married?

The mother assumes automatic custody, unless she is unfit.

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.

Is there a difference in a parent who has custody of the children but not married vs the parent that does not have custody and is getting married and is fighting for custody of the children?

Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.

How can you get custody for your daughter if her mother is married?

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.

Do step fathers have rights to a child if the biological mother has passed away?

Step parents have no legal rights regarding their step children unless they legally adopt them. However, if he has been there all their lives and the biological father is not interested, he can petition the court for custody. There are cases where the step parent was granted custody by the court because they have been in the position of a parent for so long but getting custody because you were married to their mother - no.

Can a father take a child out of state if the parents are not married and there is no custody appointed?

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.

Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?

If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.

If a spouse dies and is married to an illegal alien from Mexico who gets custody of their children?

if they got married to someone who wasn't illegal then she wouldn't be illegal. so she would get the children

Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?

Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.

Who is master p wife?

Entertainer Master P is not married as of June 2014. He recently lost custody of four of his children in a heated custody battle.

Can your fiance get temporary custody of your children with a power of attorney form?

No. Custody must be granted by a court order unless the parents are married. If you are unmarried and want to give temporary custody of your children to your "fiance" it must be done through the court. You haven't mentioned whether the "fiance" is the father of the children.

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

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

What should a married mother do if a married father takes her children?

See to that she gets temporary custody asap. They both have equal rights to the kids as long as they are married.

What is the law concerning child custody of children when married parents are not living together?

There's a presumption of joint custody, however the application of this carries no weight of law.

Can you move out of the state of VA with children without the consent of the biological father?

If the father and mother are not married, the father's name is not on the birth certificate, and there is no custody agreement in place, the mother may take the child out of state. Otherwise, there would be legal consequences.

Does the father get custody of the children if mom has passed away?

If married, and not living in Kansas. If the mother had a custody order, and first right of refusal is not declared in the orders, he will need to file a custody challenge against her parents. Kansas has an old law that does not allow widowers to have custody of young children. The maternal grandparents can take them.

Can my wifes biological father regain custody over her after the marriage?

No, he shouldn't be able to if she is legally married. If she was underage at the time of marriage and the custodial parent signed off on the marriage and that should have been the end of parental custody.

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