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Who gets custody of child if mother dies? law answers (94296)

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Visitation or custody of child

A:  Try to reconstruct as much of the past date wise as you can. Keep notes of any threats she makes. If she takes this to court, you can request drug testing be done. If she tests positive, she will not get this child. The mother may have given him sole custody but she did not sign away her rights. That is only done when someone is giving up their rights as a mother for the child to be adopted. Make sure your lawyer is aware that she did give up sole custody of the child and has not seen her in two years. A judge will take this into account. Generally, unless she can prove you unfit, negligent or...

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What kind of rights does an illegal immigrant have over his child if mother is an american citizen?

A:  He broke the law and if he gets caught his child will have to live without him because of his stupidity. He is a deportation case waiting to happen and nothing else but he has the same rights as any father None, he can be deported at any time. And its only a matter of time. As long as he is here, he has whatever custody and visitation rights granted by a court or agreed upon with his child''s mother. Having a US citizen child does not protect him from deportation. Immigration status of the father is not something the judge would, or should take into account....

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Non-custodial parent who pays child support has died - who gets the social security checks?

A:  How long where you married to him? and the child(ren) get their own survivors benefit check ; you have to apply http://www.ssa.gov/online/ssa-4.html that is the exact information you ned to apply here is the link to how much your child will get http://www.ssa.gov/pubs/10085.html#howmuch if you are over 60 ( 50 if disabled) and married to him for more than 10 years, you might be eligible also. the length of marriage rule is eliminated if you are caring for his natural child ( which you are) bu tthe age requireent remains...

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Father has temporary custody seeking child support

A:  It is very common to start at the begining when dealing with child support and paternity cases. First step is to establish paternity. It can also be a stall tactic. Generally and all situations, state laws will be different, children born in a marriage can be considered your children regardless of test results. You will want to consult with your attorney to better understand the laws that govern your state. children born during a marriage are generally assumed to be the child of the married partners unless challenged within a reasonable time. So a DNA test is moot at this point. In all likelihood, you are their...

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Need help/info on getting custody of child.....help please!!

A:  The only thing I can say, is, you moving to Texas will hurt your case. Seems like Dad's state still has jurisdiction so I would aggressively call around and that state (KS) and see if you can find an attorney willing to help you. I would even file myself. I am not sure about your chances of custody but you should file for regular visitation. Since you live out of state this complicates things a little. That will diminish your chances a bit of getting custody. At any rate, I would at least go for visitation now so at least you can see your little girl. good luck You should get a lawyer where you will be going to court (the lawyer will know the Judge and he could tell you what...

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custody of child In-case of Divorce

A:  Hello OS, Since your marriage is registered with the Indian Consulate and you both are presently in Dubai, for all purposes the law relating to child custody in Dubai will apply. I understand that you have not traveled to India anytime after your marriage and the child is also born in Dubai. Your child can have the Philippines nationality as well and that will be an advantage in any event that you may face a problem with the child custody. For any reason if your husband claims the custody of child under Indian law, he has to file it in...

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Can a military member win a custody battle if the mother is an illegal immigrant?

A:  she has the same rights any other mother would have. if you''re in a legal custody battle, the court will determine who gets custody. the fact that you''re in the Marine Corps and she''s here illegally doesn''t make her an unfit parent by itself, any more than it kept you from marrying her and having a child. if you didn''t marry her, the real question would be what rights do you have? but you really need legal advice on this and fast, if you don''t already have an attorney. She has the same rights as any other mother would have. Civil court usually will not even listen if one parent tries to say the other is illegal. They will tell you real...

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custody unborn child NJ

A:  Once the child is born you need to establish paternity. At birth, you are NOT the legal father of the child since she is married. NJ law might be specific on this if you sign an acknolegement of paternity, but each state differs and the ones I have read require the husbands acknoledgement also. I would get a lawyer now, dont wait. There may be orders that you can file that will prevent her from leaving the state with the child. Did your girlfriend divorce her ex ? You didnt make that clear. Depending on that status your situation and outcome can be very different. Quote: you are missing the point, you will not be on the Birth Certificate if she is still married at...

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Shared custody - possible child abduction

A:  If the father is making use of his visitation rights and is having at least a somewhat regular contact with the child, then a removal of the child to the US would currently constitute an international child abduction. The father could file for the return of the child. You have 3 options to avoid this: a. File for and obtain sole custody. b. File for and obtain a court"s permission to remove the child to the US. c. Ask the father for permission. Obviously, if option c can be worked out, it is preferable. Andreas Moser www.moser-law.com  ...

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Do we have enough to get custody of child?

A:  He has a wonderful case for full custody. Definitely. Don''t get a lawyer, do it pro se and save your money and get better success! Check the resources below, especially the women for fathers'' rights--this is exactly who you are--the wife, girlfriend, mother, etc of a man fighting for his fathers'' rights! Good luck to you guys--even though you shouldn''t need it with a case that solid! I think you better get a Guardian Ad Litem assigned to your case or the Judge won''t believe any of this....