Does a father get automatic custody when the mother dies? 9 Answers as of March 27, 2013
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
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
| John Russo
As long as they are fit and have no issues.
Answer Applies to: Rhode Island
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
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
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