Q: If a child's biological parent's separate and the parent that the child lives with dies who gets custody of the child?
The child was 9 or 10 months old when his parents broke up(unmarried). Father met his girlfriend and they stayed together for 7 years. During those years father's girlfriend took on the full responsibilities of a mother to the child. Father passed suddenly and his family(mother and sisters) threatened to take the child. Father's girlfriend gets a hold of the biological mother and asked if she could sign her parental rights over but biological mom refused. Biological mom wanted the child back but it was a difficult time for the kid so biological mom and father's girlfriend verbally agreed(no legal paperwork signed) that everything will stay the same for the sake of the child. The child will stay with father's girlfriend. He's been with her for the past 2 years then father's family go to the girlfriends house and took the child without any legal documents. Is that considered kidnapping? and what steps can they take to get the child back to his family if his father's family
A: The other biological parent. Why doesn't the child know the other parent? Otherwise, the state would take custody of the child and he/she would likely be put into foster care. If you want to avoid this outcome, I suggest you and the other parent set up an estate plan and designate a legal guardian.
Joseph Torri agrees with this answer
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A: What are the court orders re: custody? The other parent should file for custody in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Joseph Torri agrees with this answer
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A: Unless there is a guardianship, the biological parent is most likely the parent to take custody of the child. The absent parent may not want custody and if another person is available, a guardianship may be appropriate.
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