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If you were never married to your child's father and you have sole legal and physical custody who gets custody if you die?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?
It depends on the laws of the specific jurisdiction. In many cases, if the mother dies, custody would typically go to the father as the surviving parent with joint legal custody. However, the court may still need to officially grant custody to the father. It's essential to consult with a family law attorney to understand the specific laws and requirements in your area.
Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
Who has legal custody of minor child when parents never married in Connecticut?
the person who has physical possesion of the child.
Can a mother with joint custody give child to somebody else other than father?
No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.
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.
When the court orders DNA from the presumed Father does the minor child get returned to the mother during this process?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.
Your mother has full custody. Would your father have to consent for you to get married?
No. If your mother has sole legal custody she can consent to your getting married.
Who has custody rights in Nebraska if the parents are not married?
Generally, if the parents are unmarried the mother has sole custody and control until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
What rights does a mother have if custody hasn't been established?
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.
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.
If a father won physical custody of two girls and mother is appealing saying that she has cleaned up her act what are fathers chances of maintaining physical custody at appeal?
If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.
Does a father have to return his child to the mother if there is no court order in Illinois?
If married, No. As for single fathers, they have no legal rights to the children until their paternity has been established, of course. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
