If a minor childs mother died, who has rights to keep her?

Question

She wants to live with me, but I am not family.

Answer 1

If the father has not been ruled out as "unfit" then the child would go to him. However, If there is an agreement or will that states otherwise, the courts will follow the mother's wishes. If the father is unfit, the courts may keep the child the next of kin (depending on the age) until home studies can be done and the courts decide what is in the child's best interest. Depending on the state, a child as young as 12 can inform the judge where they would like to live. The judge will take the child's wishes into consideration but still do whats best for the child.

Good Luck!

Answer 2

First, I think it depends on the age of the child. It also depends on if the parent left a will stating who the child goes to if they died. Is the other parent still around. There are a lot of other things to consider. Usually the kids don't have a say and just go to a family member unless they're old enough to say and then I think it still matters the each state.

Answer 3

The father of the child has first rights after the mother dies. If he is unavailable or unwilling, then the mother's will is consulted. If she failed to leave a will, then the child is placed into temporary custody until placement is decided.

It is at this time that all interested parties contact lawyers and social services, and make sure it is known that they want the child. The judge will evaluate all interested parties before selecting who will offer the best home environment.

Answer 4

If the child's dad is alive and willing/able to care for the child, then that is where she will most likely go.
If not, the child's family members (Grandparents, Aunts/Uncles, etc are considered.)

If she left a will, she could have made her choice for guardian of her child in the will. The family could challenge that choice, and the courts will decide. The courts will favor the Dad (unless there is a reason that would make him not suitable.)

If she died without a will, the courts will decide where the child goes.
You can petition for legal custody, but not being family, you would have to have a good case for why she would be better off with you than one of her family members.
Good luck to you all.

Answer 5

It is up to the court. Usually the child will go to the father if he is availible and fit to raise the child. The next logical choice would be the grandparents from either side but that is not set in stone. If she wants to live with you, the best thing you can do is to talk to the family and ask that you be given custody. It also depends on what is written in the mother's will.

If the next of kin is willing and able, custody of the child will usually go to that person.

Answer 6

The father or someone who probate the estate will have the right and proceeds from the court will intervene with the guardianship. Depending on her age she may be able to stay but still again the courts will have a say in this matter if the family intervened and if no family protest then you may be able to keep her.

Answer 7

The Father gets the child.

Answer 8

if the mother made provisions in her will, whoever she designates is the guardian unless that person refuses.

if the family does not want custody, you may be able to obtain custody of the child yourself- with the family's help.

even if you can not obtain custody, try to stay in the child's life because the child may feel like you are all that they have now that their mother is gone.

i wish you the best.

Answer 9

The father will be the first on the list....if he is not stable then usually then the maternal grandparents, and then the paternal grandparents. It all depends where you live and what the law is. The US has all different state laws, and then in Canada it is different again. Get some legal advice and know your options.

Good Luck To You :)

Answer 10

primarily the father get to be her gaurdian