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Question

Asked 11/27/2007

Dead Legal Guardians

Who gets custody of a 16 year old child after her biological mom and step dad die, but the biological father has never been there, never paid Child Support or even seen the child after the age of 1? And is it possible for another family member to get legal custody of the child against the biological fathers will?

 
 
 
 
 
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Answer 1/2 - Submitted 11/27/2007

I would think that the biological father would have first rights, unless he either didn't want the kid or another family member could prove that he wasn't fit to raise the father.

 
 

Answer 2/2 - Submitted 11/27/2007

The courts are going to look at what's best for the child. In this case, what would probably happen is that the child will go to live with the realtives who his parents intended and then a court case could ensue if he so chose. The courts would look at history and what the biological mother intended.

 
 
 
 
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