Q: Mother dies, husband is stepfather to her chldren. Does stepfather or bio father have custodial rights over children?
family lives in georgia
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A: The stepfather has no automatic custodial rights but MAY be able to move under certain laws to ask the court for time with the children. The bio father MAY. It depends on if the father was married to the deceased mother, and if not, whether the children were legitimized.
A: The stepfather does not have any rights to the child if he has not adopted. The biological father can file an action to establish his parental rights, should he want custody of the children. If the biological father does not legitimize, the children are likely to be in the care of a close relative of the mother, not the stepfather.
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