Who gets custody if mother dies b4 child is born?
If a mother dies during labor and is not married, the supposed father wants a paternity test before he takes responsibility for the child, what happens to the child in between this process? And if he does turn out to be the father, how likely is it that the mothers family can get custody? thank you!
The father is more likely to get custody.
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August 29th, 2009 at 10:28 pm
The father is more likely to get custody.
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August 29th, 2009 at 11:17 pm
hmm It really just depends. The father will have a big role and i am pretty sure if he takes the test and it shows that he is the father then he will probably get the baby. The mothers family can fight for it or try to settle it. Maybe like a joint custody or every 2 weeks or something. It really just depends on the situation. Like if the father works 24/7 or does drugs then that could be brought up and the mothers family gets it..
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August 29th, 2009 at 11:45 pm
If the woman was married at the time of death, then her husband by law is considered the father (regardless of any paternity tests) and he would obviously take custody of the child.
The bigger question would be if she was unmarried… then what. I’m sure the answer for that one varies greatly from state to state. As a best guess, if the mother didn’t declare who the father was before she died, then I suspect that the nearest living relative would likely get custody of the child until paternity tests and legal processes could be completed.
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August 30th, 2009 at 12:32 am
Custody goes to the father automatically! Same as if the father died first. Custody goes to the mother. If both parents pass then usually one of the grandparents goes for custody. Any member of the family can fight for custody if both parents pass. The family usually decides peacefully if they are any family at all,.
In more detail. During the time the blood test is being taken if the suppose to be father doesn’t want the child until proven his then the court will decide where the child will stay or he can. Then if the test show he is the father then he gets custody. If he is questioning the paternity of this child maybe the mothers parent might talk over with him on them raising the child for him giving him visitation. Worth a try as a baby is a huge responsibility for a single father.
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August 30th, 2009 at 12:38 am
seems to me that has to be father
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August 30th, 2009 at 1:14 am
The baby would absolutely go to the biological father!!!! I would be willing to bet that the baby would stay at the hospital until the paternity test came back!! It only takes a couple of days to get the result of a paternity test!! Good Luck, I hope this helps!!!!
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