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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?
Wiki User
∙ 15y ago
Does anyone know? we asssume this in happening in the U.S..
Wiki User
∙ 15y ago
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.
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In Illinois if your wife cheated and you got divorced who is more likely to get the children?
In Illinois, the court determines child custody based on the best interests of the child, not on factors like infidelity. Both parents have an equal opportunity to seek custody or visitation rights, and the court will consider various factors to determine what is best for the child's well-being. Ultimately, the focus is on creating a custody arrangement that supports the child's physical and emotional needs.
Do you have to let your daughters dad visit my daughter?
It depends on the custody arrangement established by the court. If the father has legal visitation rights, then you may be required to allow him to visit his daughter as outlined in the custody agreement. If there are concerns about visitation or safety issues, you can address them through legal channels.
Can you get arrested for taking your children if there are no custody papers?
It is possible to face legal consequences if you take your children without permission and there are no custody papers in place. This could be considered parental abduction, which is a crime that can result in arrest and other legal actions against you. It is important to establish custody arrangements through the proper legal channels to avoid potential legal issues.
Can one unmarried parent move to a new town without the natural fathers APPROVAL?
In most cases, an unmarried parent can move to a new town without the natural father's approval. However, custody agreements or court orders may impact this decision. It's advisable to consult with a legal professional to understand the specific laws and regulations in your jurisdiction.
If your child custody paper state that the father of your child has to have written permission from you to take the child out of the state of Georgia what does mean if I deny him the permission to go?
If the custody agreement specifies that the father needs your written permission to take the child out of the state of Georgia, and you deny him permission, then legally he would not be able to take the child out of the state without facing potential consequences such as violating the custody agreement. It is important to follow the terms of the custody agreement in order to avoid any legal issues.
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.
Will the mother or biological fathers stepsister be more likely to get custody of the 7 month old baby of a married woman?
The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.
If you were never married to your child's father and you have sole legal and physical custody who gets custody if you die?
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.
Does a father have to return tha child to mother if there is no court order in California?
Unless they are married or he has custody he has to return the child or it will be kidnapping. If you are not married and you have not established paternity yet or have not petitioned for visitation or custody she does not have to let you see the child. When not married she automatically get custody since there is proof she is the parent.
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.
Can a stepmother married to the father who has joint custody access child's health records?
Only with permission of both parents. Your marriage to the father with joint custody does not automatically confer parental rights including access to medical records without written permission from both parents in cases of joint custody and may not even apply if the father had full legal and physical custody. This is federal law (HIPAA). If you were to legally adopt the child, those rights were be conferred by virtue of the adoption.
Can a Father get joint legal and physical custody of a newborn in GA?
Yes, but there are steps you must take to get to that point. First, you will need to file a petition to legitimate child and modification of child custody (unless you are legally married to the mother). Normally, in most Georgia cases, you will automatically be granted joint legal custody, but not necessarily joint physical. Determination of physical custody will depend on MANY different factors. You may have to prove the mother unfit... more than that, you will have to show that the 'change in custody' will be in the best interest of the minor child... not the parties.
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 take her child from its father and keep it with her at her house if there is no residency order in place?
If the parents are married they both have equal right to the child unless one party gets temporary custody pending a divorce. If they are unmarried and have never been married the mother automatically has custody. The father would have to go to court to establish his paternity and petition for joint custody and visitations.
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.
