What happens if a child's mother dies but she was not married to the father?

Answer If paternity has been legally established, the father could petition for custody/ guardianship.

Top Q&A For: What happens if a child's mother dies but she w...

If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

Biological Father Gets Custody No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father... Read More »

What happens if the mother moves out of state and takes the baby without telling the father can the father take her to court?

Yes, she can't steal your child.Yes, she can't steal your child.Yes, she can't steal your child.

What happens to an unborn baby if the mother dies while pregnant?

It depends on the gestational age of the fetus. If the fetus is 27 weeks or later an emergency delivery of the baby can be done to try and save it. A baby could survive earlier than 27 weeks. With ... Read More »

If the mother and father of a child aren't married does the father have parental rights?

Answer Yes, but first the father must establish paternity and then petition the court for those rights if he is not on the birth certificate. The court will also require the father to pay child sup... Read More »