QUESTION
Who gets the child when custodial parent dies?
Asked on Oct 20th, 2016 on Child Custody - California
More details to this question:
My sister and her husband were divorced and had 2 children. After the divorce, the father won sole physical custody of the children. The mother was granted supervised visitation. I believe she was considered unfit at the time. We just found out that the father died. He died 6 days before our family found out through the newspaper. We believe the children are with their father’s parents (as he lived there with the children) the mother was not notified of the death by the father’s family. Does she get custody of her kids or can the father's family keep them? Is there anything legal that stated she should have been informed of the death?
1 ANSWER
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The mother would have superior custodial rights upon the father's death. Either the grandparents or another relative would have to file a Petition for Guardianship to gain custodial rights claiming that a guardianship is necessary and that it is in the best interest of the child.
Answered on Nov 16th, 2016 at 4:40 AM