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I know someone who has been diagnosed with stage IV liver cancer. She is doing very well right now, but unfortunately the prognosis for stage IV cancer is very poor, and I am starting to think ahead to what will happen to her child if she dies.
She never married the father of her child, but he is listed on the birth certificate. They have no formal or written custody or child support arrangement. However, he pays her child support in cash every month and sees the child on weekends. Both parents have since married other people. She and her husband both speak and act as though the child is her husband's biological child. As far as I know, there has been no formal adoption.
Will the biological father automatically get custody if she dies? What would happen? I know the guy, and he is not likely to speak to a lawyer or be proactive about this. He would want custody, but will he be able to get it? The husband will certainly fight for custody as well. I've tried researching the issue but haven't come up with anything for this situation.
She needs to get it legally taken care of before she dies. I would say the bio father gets the chance before her husband. Why wouldnt he? hes the dad not the husband!
That's a very sad situation for everyone involved.
Biological father would get custody unless stepparent has legally adopted the child. If the mother wants the stepfather to raise the child, they should probably get the ball rolling asap to get through all the legalities before it's too late.
She needs to get it legally taken care of before she dies. I would say the bio father gets the chance before her husband. Why wouldnt he? hes the dad not the husband!
I am very sorry that your friend is ill.
She needs to see an attorney ASAP. State laws may vary, but it is pretty likely that the biological dad would receive full custody if the child's mother dies.
Last edited by germaine2626; 06-29-2014 at 08:32 PM..
The bio father would definitely get custody. It doesn't matter how much the husband fights it. If the mother has other wishes, she needs to contact a lawyer and start the process to ensure her child is raised by her husband.
That's a very sad situation for everyone involved.
Biological father would get custody unless stepparent has legally adopted the child. If the mother wants the stepfather to raise the child, they should probably get the ball rolling asap to get through all the legalities before it's too late.
I agree. I don't know how long a formal adoption takes, maybe at least six months, if the biological father immediately gives up his parental rights. If the bio dad fights the adoption it could take far longer and may not even possible.
Last edited by germaine2626; 06-29-2014 at 08:45 PM..
I know someone who has been diagnosed with stage IV liver cancer. She is doing very well right now, but unfortunately the prognosis for stage IV cancer is very poor, and I am starting to think ahead to what will happen to her child if she dies.
She never married the father of her child, but he is listed on the birth certificate. They have no formal or written custody or child support arrangement. However, he pays her child support in cash every monthand sees the child on weekends. Both parents have since married other people. She and her husband both speak and act as though the child is her husband's biological child. As far as I know, there has been no formal adoption.
Will the biological father automatically get custody if she dies? What would happen? I know the guy, and he is not likely to speak to a lawyer or be proactive about this. He would want custody, but will he be able to get it? The husband will certainly fight for custody as well. I've tried researching the issue but haven't come up with anything for this situation.
Quote:
Originally Posted by Hopes
The bio father would definitely get custody. It doesn't matter how much the husband fights it. If the mother has other wishes, she needs to contact a lawyer and start the process to ensure her child is raised by her husband.
Even if the biological mother states that she prefers that her husband gets custody, unless the bio father voluntarily gives up his rights it probably won't make a difference (I believe). After all, the bio mother can't say that the bio dad is an unfit father as she allowed him to have weekend custody/visitation with the child. And the bio dad was an active part of his child life by having weekend visitation and paying child support. Now, it is possible that because the child support was in cash the step-father may lie and say that bio-dad never paid anything and never cared or had visitation with the child so I hope that there is some record of both things.
If you are a friend of the bio dad he needs to get his "ducks in a row". If bio dad wants to make sure that he has custody, and bio mom is dying, I suggest that he contact an attorney to make sure that he isn't steam rolled.
If the step-dad fights it, maybe the courts would give joint custody to both the bio father and the step-father but that is a big assumption.
Even if the biological mother states that she prefers that her husband gets custody, unless the bio father voluntarily gives up his rights it probably won't make a difference (I believe). After all, the bio mother can't say that the bio dad is an unfit father as she allowed him to have weekend custody/visitation with the child. And the bio dad was an active part of his child life by having weekend visitation and paying child support. Now, it is possible that because the child support was in cash the step-father may lie and say that bio-dad never paid anything and never cared or had visitation with the child so I hope that there is some record of both things.
If you are a friend of the bio dad he needs to get his "ducks in a row". If bio dad wants to make sure that he has custody, and bio mom is dying, I suggest that he contact an attorney to make sure that he isn't steam rolled.
If the step-dad fights it, maybe the courts would give joint custody to both the bio father and the step-father but that is a big assumption.
That's what I was worried about. Everything is paid in cash, nothing was written down, there is no proof at all other than relatives who could testify that child support was paid. They are all very young and low-income, so I don't think either parent can afford a lawyer.
I thought they might give the step-dad and bio-dad joint custody (I expect the step-dad will try for that at least). Would he still have to pay child support in that case?
I work in Child Protective Services, and usually, the bio father will have first consideration, provided that there has been no past or present CPS cases involving him. CPS and the courts will make certain that the surviving bio parent and spouse can and will provide for the child.
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