Does a father get automatic custody when the mother dies? 9 Answers as of March 27, 2013

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That is what happens as a general rule.
Answer Applies to: Nevada
Replied: 3/27/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Yes and the father is going to need a lot of help for small kids.
Answer Applies to: New Jersey
Replied: 3/27/2013
Woods, May & Matlock, PC
Woods, May & Matlock, PC | Robert J. Matlock
There is a presumption that the surviving parent should have custody but it can be overcome by evidence concerning the welfare of the child and other factors. I suggest you hire a lawyer.
Answer Applies to: Texas
Replied: 3/27/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Yes, unless there is a court order to the contrary.
Answer Applies to: Michigan
Replied: 3/27/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes, unless for some reason it is not in the children's best interest, i.e. dad is a drug user, convicted sex offender, etc.
Answer Applies to: Idaho
Replied: 3/27/2013
    Carey and Leisure | John Smitten
    Answer Applies to: Florida
    Replied: 3/27/2013
    John Russo | John Russo
    As long as they are fit and have no issues.
    Answer Applies to: Rhode Island
    Replied: 3/27/2013
    Law Office of Rebekah Sass
    Law Office of Rebekah Sass | Rebekah Sass
    In theory an established father will get custody, the problem is that not all father's are established as being the father of the children, there may be multiple competing fathers or other family members may step up and claim that it would be detrimental for the children to be placed with the father.
    Answer Applies to: California
    Replied: 3/27/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    In general, if the father is the legal father, upon the death of the mother the legal father would be entitled to custody.
    Answer Applies to: Georgia
    Replied: 3/27/2013
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