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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Family law, child custody and support, domestic violence.
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My daughter recently passed away and although she was ...

Resolved Question:

My daughter recently passed away and although she was married, her husband never legally adopted one of her daughters. Who would have legal custody of that daughter? Also, he has a drug problem and is on probation for theft and has 4 class A Felonies on his record, would I be able to get custody of both girls?
Submitted: 8 years ago.
Category: Family Law
Expert:  Cowgirl Lawyer replied 8 years ago.

The guardian of the daughter may be the girl's natural father. Did he surrender his rights to this daughter? If not, he could possibly get custody, depending on many factors. The custodian would not typically be the step-father if he never took legal steps toward adopting her. You certainly may be able to get custody of that daughter, since her step-father never adopted her.

If he adopted one of the girls, which your question seems to suggest, he would be considered her father, as much so as a natural parent under the law. It would be a rare event for a grandparent to be awarded custody of a child where the parent contests the case. But in the right set of circumstances, it can happen. Since you want custody and have a potentially good chance of getting it with one granddaughter, it may be that at the same time you can try for the other granddaughter.

If you want to get custody of the girls, you should retain a family lawyer.

Good luck to you!

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Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

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