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

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Q: 

custody of child if one parent dies?

A:  In the event of your death a court will decide who gets custody. If the bio dad fights, then he will most likely win. If he does not want custody then the step father will be nexted in line... There are exceptions to this.. if the biodad is deemed unfit.. or if it is clearly not in the best interest of the child.. For example, been with the step father 10 years, in a good home with brothers and sisters.. well taken care of, doing good in school etc and a change of custody will result in a different school district and no access to siblings etc.. then in these cases, the court may award custody to the step father... You can, write a letter to...

Q: 

Father''s right to custody when the mother dies

A:  Yes. I would suggest that he file a petition with the court. He should formally request that the temporary custody terminate and that the kids comes to live with him. WHy is he not in court demanding custody of the children?...

Q: 

Father with full custody that is paying mother child support? Texas

A:  Me and my exwife had our final hearing this week. And I won custody of our 21 month old son. She has been ordered by the judge to complete a rehab program for alcoholism. And we both need to complete 17 weeks of paranting classes. She even got half of my 401k fund. Which I had 2 years before our marrage of 1 and a 1/2 years. But I can live with that. What upsets me is that I am being ordered to pay her $848.00 a month in child support(50% of my income). For our son. Who she is only allowed to see 3-7 Monday and Wednesday. And 9-7 on Saturdays. She is not allowed any overnight visits with our son unless they are supervised. I understand the judge wanted to provide for her. And could not enforce an INS document her

Q: 

17, unwed mother wanting full custody of child--Q

A:  Keep copies of all the emails with the threats so if you go to court for a Restraining Order you''ll have the proof. Contact a women''s group for domestic violence in your area and maybe they can steer you in the right direction on where to get help. You can ask the hospital about whether or not you have to put a father''s name on the certificate. Keep checking back for more answers as Duranie usually has answers for your types of questions. He can''t just take the child, that would be kidnapping. When he calls don''t answer and ask your phone provider to block his calls. They will do this for a fee I believe. Maybe you can move somewhere, with a different relative, where he can''t find you after the baby is born....

Q: 

Father is keeping child when mother granted custody

A:  won't get you anywhere. For starters, the child's father wasn't a party to your divorce and nothing the judge did could prejudice his rights. The father's attorney is SUPPOSED to be hostile to your rights. She is representing him. She has almost no duties to you. And your own attorney could have filed the documents. If Dad keeps the child outside the orders, your remedies are with the police (in some states) or contempt of court motions....

Q: 

mother dying and wants to find family for child

A:  I suggest you contact a local family law attorney who can outline the procedure, then step through it with you. The child's father must be located, for starters. It's pretty uncommon for one parent's rights to be "severed" (terminated) without a concurrent stepparent adoption. Are you SURE there is NO legal father? "Please disregard my questions as getting replies that state the obvious, i.e. get an attorney, are of no help." I'm sorry you feel that way but that reply is the most appropriate one for your question. ANd the sooner you consult an attorney the better. It's possible other relatives may want to contest the adoption. They might have a better claim than you. "It's not...

Q: 

Joint custody w/mother having physical custody&hiding child

A:  Is she yet into violation of any visitation or other part of the order? "What can we do?" Dad can file a motion for custody and haul her back into court for contempt.  There is no "we" in this.  While it is great that you care about your stepson you have no legal standing in this.  Dad needs to file with the courts ASAP.   Why on earth would you let him go live with her not knowing WHERE she is living?  Especially if she hasn't been around.  Not a good move. Have you tried to send a letter to her last known address with the words 'Return Service requested"? I believe that the post office will return the letter to you with her new address if she has moved and filed a change of address...

Q: 

attempting custody from son''s mother

A:  There''s no reason you cannot have custody of the child, at a minimum during the times the mom is working (if you want these hours) in addition to other times. I wouldn''t be too concerned about living in a good-ol-boy county where everyone is supposedly going to be in conspiracy against you over something as banal as who has custody of your kid at what hours. Don''t anticipate problems that haven''t happened yet and will likely never be problems. If you make the money you do, just talk to a good family law attorney in your county, hire him or her, and you''ll do fine. You need to file for custody. And when you do so long as it truely works for you ask for you to...

Q: 

My Fiance custody of child

A:  Hello Andrew, I have asked our colleague in Shanghai office. And one lawyer with study abroad background gived me a quation of 20,000 USD. I think the quation is much too high. Your case is just a custody case. It should not worth that quation. And in my opinion, your case should be a retaining fee not exceed 50,000 RMB. Would you still want me recommend our Shanghai colleague to you? Or if you can"t find someone else suitable, pls let me know whether I can  provide help. best regards. Dong...

Q: 

custody and child support?

A:  First one website you can check on is [url]http://www.acf.dhhs.gov/programs/cse/index.html No I don''t think he would have a good chance at all. From now on carry a camcorder around if you need to. You may want to take witnesses with you or whatever necessary. If I were you I''d beat him to the punch and go down and file for sole custody, if you haven''t done it yet..with no visitation or with supervised. Also I''d try for a no contact order if you don''t want him around. You can hire an attorney or go to the courthouse and ask for the paper work but you''ll have to pay for filing fees. Good Luck. Thank you so much for your reply! Here''s what happened since I posted last...I went to T.E.S.S.A(center for domestic violence). They helped me fill out all of the...