The kid cant choose who they want to live with because they probably love the parents equally or they don't want to disappoint one parent by choosing another parent. Take it from me. I am a kid with divorced parents and there was a point when i had to choose and couldn't because my siblings and i were to young. My parents thought of and equally shared schedule.
the judge will make a decsion that is best for the child but will probably let one parent get full custody and let the other parent visit the child. What could happen is that the court will award Joint Legal Custody to both parents - when that is elected, both parents must be involved in all legal matters (education, moving, etc.) and agree on those things. Unfortunately, one or the other parent has to be given Primary Custody and the other gets Visitation rights.
The court care about what is in the best interest of the children and just because one parents had an affair does not mean they are unfit to parent. It can be shared custody or one get it. The court wants the children to have access to both parents. The affair will not be the thing that decides custody.
the father gets the custody of the child if the mother dies
No, your parents can see to that she gets custody of you.
Good question. The likelihood is that Social Services will get involved and decide which set of parents is most suitable for them. If both sets are suitable then it may go to court for a decision.
After being served child custody papers, the mother typically has a certain amount of time to respond and either agree to the proposed custody arrangement or contest it in court. If the mother contests the custody arrangement, a court hearing will be scheduled where both parties can present their arguments and evidence before a judge makes a final decision on the custody arrangement.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. 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.
research the law for your state. who ever the children are living with today is more than likely who they will be living with until it is established by the court.
After the child is aged 13 or so, if circumstances are similar and the parents agree, the child gets to choose. However, an 18 year old is really legally an adult.
Close relatives or friends can get temporary custody until it gets permanent in court. Or they end up in foster care.
I'm not absolutely sure but I think you would stay with your step mom. And if you are actually going through that, I'm very sorry for your loss.
If a person is designated as the custodian in the parents' will(s), then that person is likely to be granted the custody. If however, there was no will, or no custodian specified in the will, then, then the court can appoint a custodian of its own choice. Usually, any of the relatives - uncles, aunts, grand parents, step parents, and even friends and strangers can apply for the custody. It is the responsibility of the court to choose the custodian. In case there are no will, or no custodian specified, and no petitions, then the court may put the children in foster care. This answer is actually independent of the marital status of the parents, and which child is living with whom at the time of the parents' death.