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Who gets legal custody when a parent is deceased?

Updated: 8/16/2019
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16y ago

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the other parent and then the person specified in your parent's will

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16y ago
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Q: Who gets legal custody when a parent is deceased?
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When the parent have joint custody and the child gets taken by social services who gets the child if one parent is found unfit?

Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.


Break up who get custody of baby?

In most breakups it is the mother who gets custody, however, the legal basis for deciding who gets custody is the welfare of the child, so if the father can demonstrate that he is a better parent, he can get custody.


Can a parent be sued when a child who does not live with them gets into a car accident?

If they are the child's legal parent yes. The only way that they might be unresponsible is if the other parent had sole physical and legal custody. If they have joint custody but the child lives most of the time with the other parent they are still responsible.


If you have primary physical custody and joint legal custody do you have move rights then the parent that does not have physical custody when it comes to the best interest of the child?

yes and no. joint legal basically means the other parent can get any and all legal info on the child such as medical records, school records and of course anything legal or court related if the child gets in trouble and in some cases the other parent is invloved in major decision making like life support etc.


What claims are being made for who gets custody of Michael's children?

Custody was resolved. Mrs. Jackson (Michael's Mother) gets custody. Debbie Rowe gets visitation and continued Spousal support, even though MJ is deceased, she will continue to get it anyways.


What happens if you have a car that was hidden for 8 years out of state and the loan is in a deceased parent's name?

The estate of the deceased parent is responsible for the debt. The leinholder gets the car.


Joint custody rights if one parent gets deployed out of country?

As regards what?


Can you share joint custody with a family member?

No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.


Can a non custodial parent sign child up for activities ie Girl Scouts?

The non custodial parent can sign the child up for activities that are to be done during vistations as long as the custodial parent is okay with it. If the custodial parent objects it comes down to what type of legal custody arrangement is in place. If legal custody (decision making ability) is shared then each parent has the right to decide on activities for the child during their time. If you have joint legal custody and the girl scouts meetings will occur during a time that your child is normally with you, you can sign them up and take them. If the other parent has sole legal custody and objects to girl scouts for some reason you can't sign them up even if they meet during your visitation time.Most organizations are not picky about who signs the child up for an activity as long as the activity gets paid for and no one objects to the child participating.


Who gets full custody if one parent accidentlly shots themselves?

The parent that hasn't shot themself I'm guessing.


An unmarried couple has a child and on parent dies who gets custody?

In most places the surviving parent will automatically be considered to have custody. If there is a reason that this should not happen, the court will appoint a guardian. Others could petition the probate court for custody.


What is the difference between sole custody and joint custody?

Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, etc.) concerning the child. Sole custody does not mean the non custodial parent can be denied the rights of parental visitation. • In my case, I have primary custody AND sole legal cstody. Being primary custody gives the father the right to make a decision in the event of an emergency, but that's about it. It basically means the father can see the child and take hher out of my home. But, because I have sole legal, he cannot make any decisions concerning anything religious, medical, educational, etc. Having sole legal gives me the right to get her a passport without his permission as well! Sole/Primary/Joint custody essentially just determines where the child lives and who the main care-taker is. It is "legal custody" that determines the right to make decisions.