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If one parent has full custody of a child and that parent dies will the living parent get the child?
Wiki User
∙ 11y ago
Yes, unless the living parent has a court order not allowing them to be with the child in that case the child would go to the next relative that is willing to take the child.
The surviving parent will still have to go to court to have the custody awarded to him/her. After all, the court felt there was a good reason that the full custody award was rendered in the first place.
Wiki User
∙ 11y ago
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Can a step parent take custody of a step child if the spouse dies and the real parent whereabouts are unknown?
yes, if the step parent name is assigned to the child.
What happens when a spouse dies in middle of divorce and there are temporary custody orders?
The child go to the other parent.
When father dies who gets custody of child?
Custody would normally go to the closest living relative, and if there are no relatives available, the child becomes a ward of the state.
When custodial parent dies does noncustodial parent get custody?
Yes, they do.
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.
If divorced parents have joint custody and one of them dies can custody of a minor child be willed to someone else?
No, there is still a parent left with custody. And custody can never be willed. That is for the court to decide. The ones in the will can ask for custody but it is up to the court.
If two unmarried people have a a kid together and custody was never established and one parent dies does the surviving parent get custody automatically in ny state?
I will assume this is not a small goat, but a child. The nature of the question does make one wonder though. Custody was established at some point, unless the child moved from home to home in which case, neither parent should have had custody. The child lived somewhere, and that established a default home for the child. You should inform the court of your parental status and your desire to have custody of the child.
If one parent has sole custody of a child and that parent dies will the living parent get the child?
I'm not a lawyer, but I would presume that providing the other parent is not of a position to take care of the child, or is banned by the court from having custodial care of the child then it would presume that the step parent would become primary caretaker, of course that is assuming no immediate family members who are still living may provide better care. Of course the law changes according to state/country.
When a custodial parent dies is child support from a non custodial parent still due?
Of course. Unless the non-custodial parent takes sole custody, the non-custodial parent is still responsible for paying child support to whomever the child goes to. There is no reason the death of a parent should terminate the other parent's child support obligation.
If a mother has legal and physical custody of a child and if she dies and leaves her child to her mother in her will can the child's father obtain custody of the baby or will her mother?
United StatesState laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit parent.If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care of the children. The grandparents have a better chance of success if they can prove the surviving parent was not involved in the child's life and that they had a parent-child relationship with the child, took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods.That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US
If no father is listed who has legal custody of the child?
The mother. If she dies, her parents get custody.
What is the law in Georgia regarding the courts appoints the father as custody of the children and he dies who gets custody of the children?
The other parent unless they lost custody because they were unfit. Then a relative can get it if they are interested or the child ends up in foster care.
