Legal Question in Family Law in California
Father's rights
If a woman is not married to the father of her baby, or to anyone, and she dies shortly after childbirth, what are the father's rights? Does he get child custody? And do the woman's parents have the right to take the baby without the father's permission?
2 Answers from Attorneys
Re: Father's rights
I would have to ask you many questions to give you a informed answer. Please call my office at your earliest convenience.
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Joshua Hale
Re: Father's rights
THE FATHER WOULD NEED TO ESTABLISH THE PATERNITY OF THE CHILD IN COURT. AFTER PATERNITY IS ESTABLISHED HE WILL HAVE ALL OF THE RIGHTS AND RESPONSIBILIITES OF A PARENT OF THE CHILD. GENERALLY THOSE RIGHTS ARE SUPERIOR TO THE RIGHTS OF THE GRANDPARENTS UNLESS THERE IS DETRIMENT FOUND IN GIVING FATHER CUSTODY. THOSE ARE GENERAL RULES AND YOU SHOULD DISCUSS THE CASE WITH AN ATTORNEY. THE MORE THE FATHER DELAYS ANY ACTION THE LESS LIKELY HE IS TO OBTAIN CUSTODY OF THE CHILD. GOOD LUCK, PAT MCCRARY
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