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

Asked 10 months ago - 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. Bernie Johannes Kempen

    Contributor Level 10


    Lawyers agree


    Answered . 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

  2. Benjamin Aguilar


    Contributor Level 11


    Lawyer agrees


    Answered . 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... more
  3. Britney L. Malpiede

    Contributor Level 8


    Lawyer agrees


    Answered . 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... more

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