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Can a child go in the custody of uncle if father has been died?
Wiki User
∙ 11y ago
The Court of jurisdiction orders the custody arrangements for the child. It is unusual for an uncle to be granted custody of the child, however he can be if the following conditions exist:
1. The mother is determined not capable or incompetent of raising the child, or, refuses custody of the minor,
And
2. The father is determined not capable or incompetent of raising the child, or refuses custody of the minor,
And
3. The uncle is capable of raising the minor,
And
4. The Court orders that the uncle is capable, and orders custody of the child to the uncle. Visitation has to be worked out first depending on parental challenges.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoif there is no mother, any relative can apply for custody. The court will decide who will get the child or the child ends up in foster care. A minor child is not allowed to choose who to live with.
Wiki User
∙ 12y agoNo. He cannot take custody of anyone's children. If the uncle believes the child is in danger, being abused, being neglected, in an unhealthy environment or at risk in the custody of their parents then he should report his concerns to the local child protection agency. It will investigate the situation. If the situation is critical, the agency can remove the children short term and the court can appoint a temporary guardian until a full hearing can be scheduled.
The uncle should consult with an attorney who specializes in family law for advice on how to petition for permanent guardianship of the children. The attorney can review the situation and explain the laws, legal options and consequences. It is not an easy case to pursue. If that's not possible he should try to meet with an advocate at the family court who could explain the process and offer some advice on how to proceed. This type of case can be both difficult and expensive but if the uncle really cares about the welfare of the children and is willing to provide a good home then he should pursue it.
If, on the other hand, the parents are willing to give up custody to the uncle, the uncle should still consult with an attorney or legal advocate as explained above.
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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.
Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?
No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Oklahoma?
When the issue pertains to unmarried couples the law presumes the mother to have full legal custody of the child(ren). The father must establish paternity before custody, child support or visitation rights can be addressed by the court.
If you are given custody how long does the father have to bring the child back to the state?
The time frame should have been stated by the judge when custody was awarded.
I just found out that I am the biological father of a child in state's custody how do I get custody?
If you're a single father, you have no assumed rights to the child until paternity has been established by a court of jurisdiction. As such that will need to be your first step. Then, if the child is in the custody of the state you can petition for custody to be transferred to you. You should consult with an attorney who specializes in family law who can review your situation and explain your options.
Can the father of the child come in and take the child after the mother of the child has said no?
Yes..unless court has said otherwise. In fact if you have been denying the father access then you could lose custody.
What happens if a child's mother dies but she was not married to the father?
If paternity has been legally established, the father could petition for custody/ guardianship.
How can an unmarried mother obtain authorization to travel with her young son overseas if she and the child's father have never been married or established custody?
establish custody
Does Maryland automatically grant an unwed mother sole custody?
Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.
Can a father who has not been around since birth get custody of a child?
Yes, but the answer depends on the details. Perhaps the father didn't know of the child. If the mother has been found unfit the father is next in line as long as he is suitable. If the father has matured and wants to be part of the child's life after not being around at first, the court may award joint custody or at least a visitation schedule and child support order. You should visit the court and ask to speak with an advocate, or consult with an attorney who specializes in custody issues.
Adding fathers name to a birth certificate?
Assuming this father is unmarried, he has the right to establish his paternity legally through the family court. Once his paternity has been established he can request joint custody and/or a visitation schedule and pay child support if the child is to remain in the physical custody of the mother.
Who has custody of an illegitimate child when there is no court decision nor order treating custody?
The law presumes that an unwed mother hold sole and exclusive custody of her child unless/until the court rules otherwise. She does not have to allow visitation rights to the father or the father's family, but neither can she seek child support until paternity has been established.
