QUESTION
Will the visiting parent automatically get custody if the parent with full custody dies?
Asked on Jan 31st, 2014 on Child Custody - Texas
More details to this question:
If one parent having full custody is deceased does the visiting parent automatically get custody? There is an older sibling in the home that is not the child of the visiting parent. However, he lived in the home with that sibling for 3 years prior, but the parents were never married.
3 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Generally speaking a biological parent has priority for custody of a child. From the question it appears that there were some kind of court orders in place regarding parenting time. If there are no such orders then the surviving parent should consider an action with the family law court to obtain the custody of their biological child. Consult with an experienced family law attorney for help in this matter.
Answered on Feb 07th, 2014 at 6:01 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The bio parent will normally get custody unless someone files to be a guardian of the child and can show that the bio parent either cannot provide a stable home or may be a danger to the child.
Answered on Feb 04th, 2014 at 9:19 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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The living parent has a preference in his or her favor, but anyone who has lived with the child for six months has standing to get custody. Also the parents of the deceased parent and adult siblings of the child can apply for custody.
Answered on Feb 04th, 2014 at 9:12 PM