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The step father would have to adopt the child. For this to happen, the biological father would have to relinquish all rights through the court system.

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Q: In Texas would a step-dad get custody of a minor child if the mom died and the biological father has never been a part of the child's life?
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If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?

Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.


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.


When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?

Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.


Does a stepfather have a legal right to maintain guardianship of a stepchild if the biological parent with custody is incarcerated and the biological father wants the child back?

The stepfather would have standing to intervene into the custody case and attempt to be the primary custodian. Ultimately, the court will look at what is in the best interest of the child.


What rights does a man found to be the father by default have to said child?

If a father finds out he is the biological father of a child, he has as many rights to the child as the mother does. He can take the mother to court for custody or to set up a parenting plan.

Related questions

What is vin diesel's biological parents ethnicity?

well his biological father is dominican and his biological mother is Italian but his stepdad was black... he said it in a interview


What happens if there is a legal and a biological father?

He fights for custody.


Can a step father maintain custody of a child if the biological father emerges after two years?

only if mum has custody


If the aunt has custody how could the father go about getting custody?

the biological father is next of kin


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.


If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?

Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.


Does a step father with power of attorney hve custody rights over the biological father?

No he does not.


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.


Can the biological mother get custody of son that lives with the adopted father?

Yes, she can. All she has to do is press suit to have custody awarded, or convince him to give her custody.


Can a handicapped mother sign custody over to a live in boyfriend when the father of the child wants custody?

No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.


If a guardian won't sign for one person to get married can a biological father sign for an underage child to get married?

If the biological father does not have have legal custody, then, no, he can't.


Can the biological father of your daughter whom she does not know seek visitation or custody only if you file for divorce from the mother?

yes biological fathers may seek visitation and custody rights