QUESTION
Could my soon to be wife get sole custody of her child? How?
Asked on Jun 22nd, 2015 on Child Custody - California
More details to this question:
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?
4 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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She has sole custody. Grandma could get visitation rights but could only get custody if she can prove mom is unfit.
Answered on Jun 23rd, 2015 at 2:33 AM
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.
Answered on Jun 23rd, 2015 at 2:31 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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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.
Answered on Jun 22nd, 2015 at 5:23 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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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.
Answered on Jun 22nd, 2015 at 5:06 PM