Could my soon to be wife get sole custody of her child? How? 7 Answers as of June 23, 2015

My soon to be wife, her husband just recently passed away. At the time of his death she is still married to him and now his mother is trying to get custody of her child but the thing is that she has not been with him for a year. She has been living and trying to get papers drawn up for a divorce. What I am trying to ask, is since the father passed away does that mean the mother has sole rights and could his mother get custody of her child?

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Law Office of Martin A. Kahan | Martin A. Kahan
It all depends on facts that you have not presented in this question.
Answer Applies to: California
Replied: 6/23/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
She has sole custody. Grandma could get visitation rights but could only get custody if she can prove mom is unfit.
Answer Applies to: Wisconsin
Replied: 6/23/2015
Provda Law Firm
Provda Law Firm | Bruce Provda
Once again the short answer is since she's the biological mother and the biological father is dead she should have sole custody. However, the grandmother might want to raise issues in court. If it goes to court she needs an attorney.
Answer Applies to: New York
Replied: 6/23/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Generally the mother is regarded as the natural guardian of the child, and is presumed to have all the custody there can be. To try to change that, the grandparent would have to make a very strong showing that the mother's having custody is harmful to the child. This is a tall hill to climb, and a wide river to swim. Good Luck to all of you.
Answer Applies to: Wisconsin
Replied: 6/22/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Once your fiance's husband died, that ended the marriage. His death also does not give his mother any legal rights to parenting the children from that relationship.
Answer Applies to: California
Replied: 6/22/2015
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    The mother of the child would have sole rights as of know. We should examine whether there are any orders but the mother should exercise her right to the child immediately if she wants the child. The grandmother would have to go to court and file a Petition for Guardianship which could happen if the mother is not exercising her custody rights.
    Answer Applies to: California
    Replied: 6/22/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    It all depends upon a number of factors including with whom the child has been living.
    Answer Applies to: Pennsylvania
    Replied: 6/22/2015
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