What Happens To A Child If Their Guardian Dies If the parents are yet living and provided their parental rights have not been terminated they will have first priority in naming another guardian The law here is complex your input is important in selecting a successor guardian but since the parents are both yet alive your selection can be challenged
A successor guardian does not have to be a relative of the child although each state typically requires any legal guardian to be at least 18 years old or a legal adult The successor guardianship comes to an end when the child reaches 18 or the age of majority is married or the parents successfully petition the court to end the guardianship Who Can Be a Child s Guardian If Their Custodial Parent Dies In general if one of a child s biological parents passes away before that child turns 18 that child s other biological parent will be granted custody until the child s 18 th or in some cases 21 st birthday It is important to emphasize that this is a general
What Happens To A Child If Their Guardian Dies
What Happens To A Child If Their Guardian Dies
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There is no automatic process to make that happen Regardless of whether or not the current guardian s spouse will become successor guardian upon her death they may want to look into have a MA Caregiver Affidavit signed by the guardian to give her spouse certain rights to act on the minor child s behalf in the current situation When there are family law custody and or visitation orders in place and one parent dies Family Code section 3010 b states that the surviving parent is entitled to full custody of the child If there is a reason the parent should not have full custody for example they do not exercise their visitation or are unable to care for the child a
You will need to file a petition with the probate court to modify or terminate the guardianship It is actually a simple form Assuming you wish to have the guardian terminated before you file you should be able to establish that since your parents have passed that it is your son s best interest to have you be the parent and terminate the guardianship If both parents die before a child reaches 18 a guardian will need to be appointed Most parents prefer to decide who will look after their children if they die Appointing a guardian in their Will offers control and peace of mind The appointment takes effect on death and gives the guardian parental responsibility PR
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In fact it does not That automatic transition only happens when the other guardian of your kids is still alive at the time of your death In that case that person will become the sole guardian of your children If you die without a will and you are the only guardian government agencies will become your kid s guardians The judge will decide whether to appoint the person as the child s guardian based on the child s best interests If appointed the guardian will receive official Letters of Guardianship which give them the legal authority to make decisions for the child These letters will allow the guardian to manage the child s medical educational
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What Happens To A Child If Their Guardian Dies - There is no automatic process to make that happen Regardless of whether or not the current guardian s spouse will become successor guardian upon her death they may want to look into have a MA Caregiver Affidavit signed by the guardian to give her spouse certain rights to act on the minor child s behalf in the current situation