Can I choose who my child goes to if I die?

You can name a guardian for your child in your Will and they will be immediately appointed upon your death. If you die before appointing a guardian, the courts will be left to decide who takes care of your children. This will usually be a close relative, but it may not necessarily be the person you would choose.

What happens when parent dies?

California law specifically addresses the death of a custodial parent. If the parent dies before a child becomes an adult, the surviving parent automatically receives sole custody. That is, because only one parent remains, the original custody order essentially becomes moot. There is a significant exception, however.

What happens to a child after the death of a custodial parent?

Regardless of which parent had primary custody, after the death of the custodial parent, the surviving parent will be considered the child’s natural guardian. The noncustodial parent’s parental rights are not terminated by an order of custody in such instances. If appropriate, child custody will usually go to the surviving parent.

Can a custodial parent move to another state?

This means that a parent sometimes cannot assert automatically custody of their child if their child is from another state. This type of situation frequently happens when after a divorce and awarding of custody, the custodial parent and child decide to move to another state.

Can a surviving parent take custody of a child?

On the other hand, by allowing a child to take residence in a surviving parent’s state, that given state has the power to assign custody to the surviving parent. Should I Hire a Lawyer for Help with Child Residence and Custody Matters?

Who is the custodial parent in child custody?

In a child custody arrangement, usually one parent will have more custody rights with a child than the other parent. This parent is usually called the “custodial parent”; the child usually lives with this parent for the majority of the time.

Regardless of which parent had primary custody, after the death of the custodial parent, the surviving parent will be considered the child’s natural guardian. The noncustodial parent’s parental rights are not terminated by an order of custody in such instances. If appropriate, child custody will usually go to the surviving parent.

This means that a parent sometimes cannot assert automatically custody of their child if their child is from another state. This type of situation frequently happens when after a divorce and awarding of custody, the custodial parent and child decide to move to another state.

Can a deceased parent take care of a minor child?

The deceased parent who leaves behind a surviving spouse can usually rely on them to care for minor children. However, if both parents pass away or if one has abandoned the children, it’s important for the custodial parents to choose a guardian.

On the other hand, by allowing a child to take residence in a surviving parent’s state, that given state has the power to assign custody to the surviving parent. Should I Hire a Lawyer for Help with Child Residence and Custody Matters?