after the mother passes does the father get custody?
Mother died recently and now the kids are with the grandmother and sister, but the father of kids wants custody of them can he even though he lives in another state?
Yes, the biological father has the right to take his children anytime he wants unless there is a court order preventing him from doing so. If your grandmother and sister want to fight him, they need to see a lawyer right away. But, unless he is proven to be an unfit parent he will likely win.
September 5th, 2010 at 9:20 am
ask a lawyer as this is different in different states
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September 5th, 2010 at 9:45 am
Yes, I would suppose so unless the court had other arrangements before she passed.
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September 5th, 2010 at 10:10 am
Yes, the biological father has the right to take his children anytime he wants unless there is a court order preventing him from doing so. If your grandmother and sister want to fight him, they need to see a lawyer right away. But, unless he is proven to be an unfit parent he will likely win.
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September 5th, 2010 at 10:44 am
Yes, unless he has serious issues such as drug or alcohol abuse.
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September 5th, 2010 at 11:12 am
Depending on the laws in the state the father may need to contact the Child Welfare
Department or the Attorney Generals office of the state where the children are living and find out what he needs to do to claim the children. Unless he gave up his rights
to the children or is a criminal that prevents him from being around children I don’t see a problem.
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