Does the father get custody if the mother dies?
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Does the father get custody if the mother dies?
A child's surviving parent has the right to custody of the child, regardless of the terms of the custody order in effect when the parent died. The court's decision also rested on the court's conclusion that the custody case between the mother and father ended on the mother's death.
Can a married mother keep the child away from the father?
Sometimes taking your child from you is a crime, like "parental kidnapping." But if you are married, and there is no court order of custody, it is legal for the other parent to take your child. If you have sole physical custody, the other parent may not take your child away from you.
Does custodial parent have more rights?
Physical and Legal Custody Often, however, the custodial parent shares "legal custody" of the child with the non-custodial parent. "Legal custody" includes the right to make decisions about the child's education, religion, health care, and other important concerns.
