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What happens if the custodial parent dies where the child is living? Does the other parent have the right for 100% custody?

San Diego, CA |

If the custodial parent dies and the child is living in another state and city with other family members. Does the surviving parent has the right for the 100% custodial from the other parent family members like the grandmother?

Attorney Answers 3


  1. If the court determines that this is in the best interest of the child. If granting the non-custodial parent full physical and legal custody of the minor is not in the best interest of the child the court can grant custody to a guardian (grandmother, aunt, etc).

    This is not legal advice and a client-attorney relationship is not created as a result of this communication. For a free consultation call 619-752-0125 or email at ben.aguilar.law@gmail.com. Se habla Español.


  2. Yes, unless the court sustains a guardianship petition filed by another interested party showing that the child will suffer detriment if left in the care of the other parent


  3. Additionally, in evaluating the best interest of the child the Court will consider your existing relationship with the child and the role you currently play in the child's life. If, for example, you have not seen your child in many years, the Court may be cautious about immediate or drastic changes.

    This communication does NOT create an attorney-client relationship. This communication is intended for general informational purposes only. This information should not be relied upon, and is not intended as legal advice. Furthermore, the general information provided may not apply to different or more elaborate facts.

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