If Two Parents Die Who Gets Custody The situation regarding child custody after the death of both parents is affected by whether the parents have wills or not When There Is a Will If a person writes a will before she dies and states who she wishes to become the legal guardian for her child the court will likely make the position official unless there is an issue as to why the
The loss of a parent can be devastating no matter what your age But it is challenging when minor children are involved In California minors are defined as those under 18 years of age and need love and support during their traumatic experience Determining who gets child custody after the death of both parents can be a difficult and complicated journey The court is always going to look at the child s best interests when determining custody arrangements after the parents pass away This is true even if you leave a will that names a guardian As previously mentioned the courts are heavily going to consider the parents wishes especially if there is no reason that the appointed guardian s
If Two Parents Die Who Gets Custody
If Two Parents Die Who Gets Custody
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A parent who doesn t have custody is still a parent They have rights and responsibilities regarding their child If the custodial parent dies the noncustodial parent s role will likely change If a custodial parent dies one possibility for the noncustodial parent is that they increase their involvement Maybe they originally gave up custody If one parent dies then generally the surviving parent will have custody of the child But what if both parents die while the child is still a minor In that case the court will need to determine who should become the child s guardian Any of your friends or family members can nominate themselves to be appointed as guardian and then it is up
Child custody issues are sensitive subjects because of the huge emotional consequences When a custodial parent dies custody matters can be that much more emotionally charged Although child custody laws vary from state to state generally when a custodial parent dies a non custodial parent can obtain custody without much legal difficulty If something unexpected happens to the parents of a minor the court will need to determine who should become the child s guardian Friends and family members can often nominate themselves to be appointed as a guardian however the court will have the final say in who would be the best guardian for your child
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What happens if the custodial parent dies and the child s parents are divorced with the surviving parent having little to no relationship with the child Typically the court will award custody to the other parent due to the fundamental liberty interests in parenting one s own child as established by the Supreme Court in 2000 The following persons have priority in the following order the person designated by the last surviving parent of the child in a properly executed designation of guardian the nearest ascendant in the direct line of the minor ascendants are grandparents great grandparents etc next of kin and a non relative
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If Two Parents Die Who Gets Custody - If something unexpected happens to the parents of a minor the court will need to determine who should become the child s guardian Friends and family members can often nominate themselves to be appointed as a guardian however the court will have the final say in who would be the best guardian for your child