If my daughter is living with her father in another state and he is now paralyzed from the neck down, as her mother do I have rights to custody of her?

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If my daughter is living with her father in another state and he is now paralyzed from the neck down, as her mother do I have rights to custody of her?

Asked on May 13, 2012 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry.  This is not an easy question to give guidance on since there are not a lot of details as to what the custody is now.  But parents generally have the same custodial rights unless a court limits them or takes them away or a party voluntarily relinquishes them.  Now, if he can not longer care for your daughter then you can make an application for custody and the court wil make that determination "in the best interests of the child."  You must make the application in the state in which the child resides. Good luck.


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