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Only if she did not have parental rights when the man dies. Otherwise she automatically gets custody unlesss she is unfit.

It is assumed the couple was not married. In the United States an unmarried biological mother already has legal custody of her child unless her parental rights have been affected by a court order. If the child was living with the father, his family may petition for custody and in that case the mother should contact an attorney who specializes in custody issues or visit the family court and ask to speak with an advocate.

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11y ago
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13y ago

The father would be the favored person to get legal custody if the mother had custody and died unless he was found to be unfit to have custody.

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12y ago

In the United States when the custodial parent dies, the non-custodial parent automatically gains custody unless they've been deemed unfit.

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14y ago

I assume this to be an out of wedlock, extra marital affair child. Her husband.

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13y ago

Usually in such a case, the State becomes the child's guardian. The courts may award custody to the father after examining his fitness as a parent.

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12y ago

No. He should pay for at least half of the burial and funeral costs.

The father still owes any past-due (unpaid) support.

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16y ago

probally go to the God mother

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14y ago

he needs to file for custody

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13y ago

yes

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Q: Who gets custody of a child when the married mother dies and biological father does not have rights?
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Can a father take a child out of state if the parents are not married and there is no custody appointed?

Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.


Who gets custody of a child born in prison in AZ mother is in prison father is not they are married.?

If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.


The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?

He can still gain custody as the presumptive father.


Father and Mother are not married when Mother decides she does not want to be a Mom then abandons the Father and Child. Does the Father have legal rights for full custody?

The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.


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.

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.


Can a father take a child out of state if the parents are not married and there is no custody appointed?

Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.


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.


How can you get custody for your daughter if her mother is married?

You have to be established, legally, as her biological father so if you have not done that do that first. Have DNA tests done if needed. Then you can apply for custody or visitation rights.


Your mother has full custody. Would your father have to consent for you to get married?

No. If your mother has sole legal custody she can consent to your getting married.


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.


Does the birth mother have automatic custody if she and father are married?

No, although most courts favor custody to the mother.


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.


Can you move out of the state of VA with children without the consent of the biological father?

If the father and mother are not married, the father's name is not on the birth certificate, and there is no custody agreement in place, the mother may take the child out of state. Otherwise, there would be legal consequences.


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.


If an unwed mother dies during labor does biological father get custody of baby?

Yes the bilogical father will get the child .


Can a mother keep a child away from the father if they are still married?

No, if they are married they have equal custody.