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Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother.

In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.

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Q: If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?
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Related questions

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.


How does stepmother with POA sign over deployed father's parental rights back to birth mother?

Custody, not parental rights.


If mother has sole custody never married father can husband get custody of step child before mother dies?

Depends if it is a single trailer or a double-wide


Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?

Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.


What age do you have to be to choose to live with your mother or father when the mother has custody?

Legally minors are not allowed to choose.


How so you pronounce stepmother or mother in greek?

stepmother = meetria mother = meetera


How does stepmother sign over deployed father's parental rights back to birth mother?

If you're referencing a custody change, you need power of attorney.


How would a stepmother get custody of husbands child if he was incarcerated but has joint custody of him?

She would have to petition the court to be appointed the temporary guardian. If the biological mother has joint custody or is available to take the children the custody will automatically go to her unless she has already been deemed unfit or consents to the guardianship.


Did Ulysses S. Grant have a stepmother?

No. His father did not marry but once. In fact, Grant's mother outlived her husband by about 10 years.


Can a stepmother take a child out of school for a week and take them 3 states away without the consent of the noncustodial parent that has joint legal custody?

No. If the biological parents have joint legal custody, the step mother has no legal authority over the child whatsoever.


Can a mother decide who she wants to adopt her child that is in state custody?

Once a child is in state custody I don't think the mother has a say in who adopts the child. However, you may be allowed to meet the adoptive parents.


In California does an unmarried mother with no custody agreement allowed to live in another town After 1 year can the father force her to move back?

who can help a unmarried mother in California get legal and physical custody for free