QUESTION
If the custodial parent dies of an illness does the surviving parent assume custody?
Asked on Nov 04th, 2014 on Child Custody - Michigan
More details to this question:
If the custodial parent dies of an illness does the surviving parent assume custody of the children? The custodial parent lives in another state. I am worried about a sister trying to gain custody upon death. The non-custodial parent is fit and willing to have custody. There is substantial parenting time during school breaks and great relationship with children. It's joint legal status currently.
3 ANSWERS
Yes. The natural parent has an automatic claim that, in your case is particularly strong, because you have a relationship with the child. I'd go get the child. Nobody else has any standing to contest this under your facts. Just make it gentle on the child and if he/she has a relationship with others, let that remain for the child's sake unless they are really bad news.
Answered on Nov 05th, 2014 at 12:41 PM
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Generally the surviving biological parent assumes custody and responsibility for the children.
Answered on Nov 05th, 2014 at 10:31 AM
In all likelihood, and dependent on several parenting factors, the non-custodial parent would typically be awarded custody. The Courts do not like to infringe upon a biological parents rights unless it finds compelling proof that such an action would be in the best interest of the children. It may be worth your while to look into hiring an experienced family law attorney in Michigan to help draft an Order that says just that.
Answered on Nov 05th, 2014 at 10:30 AM