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custody question.

I'm not with the father of my 6 month old daughter and he's hardly EVER around and doesn't help pay for stuff. The only way he sees her is when I take her to his parents. And they are the ones that help pay for things. If I got married and I died, would my husband get custody or her bio dad. I KNOW he'd try to get custody (no idea why cuz he doesn't seem to care much about her right now)

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Asked by melfre at 12:47 PM on May. 4, 2010 in Relationships

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Answers (9)
  • Legally speaking, if your husband has not adopted her through family court, then her bio-dad would be awarded custody.

    Answer by Anonymous at 12:50 PM on May. 4, 2010

  • depend on the situation....consult a lawyer in your area and make up a will regarding custody of your child.....thats what i did in regards to my 3kids i want to go to my brother and his wife not my ex....but i have proof of abuse and he has very limited like said call a lawyer most consults are free.....

    Answer by cara124 at 12:50 PM on May. 4, 2010

  • bio dad would, you DH would have no legal rights to your child if you died

    Answer by peanutsmommy1 at 12:50 PM on May. 4, 2010

  • I would assume the biological dad would get her

    Answer by shanda0914 at 12:55 PM on May. 4, 2010

  • bio father would get her. The only way your DH would win a custody fight against bio-dad is if you have his rights terminated AND your DH adopts her.


    Answer by VeronicaLee at 12:59 PM on May. 4, 2010

  • Legally her biological father would get custody unless your current husband adopted her before your passing.

    Answer by JazzlikeMraz at 1:27 PM on May. 4, 2010

  • OH i'm kinda goin thru the same thing. Or did. But if the babys father isnt on the birth certificate he cant do much. He could fight yes but idk not much would happen. YOU NEEED to make a WILL. On where the baby would go if you die. It's SO important that you do this. YOu will know that your baby is goin to a good place.

    Oh and if your husband adopted the baby the bio dad would not get any kind of custody. (didnt see u had a husband lol)

    Answer by Keeely07 at 3:38 PM on May. 4, 2010

  • I recently heard of a situation like this. The child lived with the mother and stepfather. The bio dad never paid child support or saw his son. When the mother died the bio dad got custody of the child. The mother had it in her will that she wanted the SD to get custody but with out the father signing away his rights and the SD adopting there is nothing that can be done I don't think. Sad but true. Research and find out.

    Answer by Austinsmom35 at 5:20 PM on May. 4, 2010

  • Doesn't matter what she puts in a will, the biological father of the child would have a right to petition the courts for custody. He and the child would be DNA tested and when the match was found the courts would award the natural father custody of the child, unless there was a reason not to (he was in jail, he was on drugs, etc) but even being on drugs isn't enough to keep him from getting custody.

    G-d knows there are plenty of mothers smoking pot or worse out there and not losing custody of their kids.

    Answer by Avarah at 5:41 PM on May. 4, 2010

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