The “custodial parent” is the parent with whom the child experiences the vast majority of their time and who typically has more parental responsibility than the other. Based on the specifics of their child custody agreement, the noncustodial parent may still hold numerous custody rights but is not regarded as the child’s main caregiver. So what occurs when a parent who is liable for raising a child dies? Does the non-custodial parent immediately obtain custody? Most of the people prefer, consulting with McKinney child custody lawyers to settle down the issues. It is good for them, but you need to know the whole process so that you can understand the instances very well and get the best solutions. To find out more, continue reading.
Custody is given to the biological parent
In most cases, when a custodial parent passes away, the kid is given custody to the biological parent who is still alive. The most frequent exception to this rule is when the remaining parent is found to be unable to act as the child’s guardian. Other custody agreements are typically negotiated in these situations; the kid may be placed in foster care in anticipation of adoption or another family member may be given custody.
Paternity must be proven if the father of the kid is the child’s biological parent. An acknowledgement of paternity (AOP) form is frequently required by judges for unmarried fathers in order to grant them legal paternity claims to a child. The father will frequently have to ask for a paternity test following the death of the custodial parent in situations where the father is not listed on the child’s birth certificate.
It’s crucial to remember that recognizing paternity doesn’t automatically grant parental rights, much alone the right to visitation. To start the process of obtaining custody of the kid, an unmarried father needs just take this initial step.
Being adopted by a stepparent
When the primary caretaker remarries and the child is adopted by their new husband, guardianship is frequently not granted full to the parent who raised the child. For instance, if a biological mother remarried before she passed away and her new husband accepted the child, the adoption by the stepparent would supersede the rights of the remaining spouse. This would encompass their entitlement to custody following the mother of the child’s death. This is a key justification for why noncustodial parents frequently need to consent before a stepparent can legally adopt their child.
The Deceased Parent’s Will
What if the parent who has primary custody of the child names their chosen guardian in their will? The remaining parent’s privileges are not immediately superseded if a parent has a legal will in place specifying who they believe should have custody of their child following their death. The court is not required to abide by this request. However, when choosing a guardian, they frequently take the preferences of the deceased parent into account.
The Children’s Wishes
The court may bring the child’s wishes into account when selecting their legal guardian in incidents involving older children. Every state has its own rules and regulations governing the minimum age at which a kid can influence a judge’s decision about custody, but a child’s preferences will never be the only concern. Whatever their own choice, a judge will always evaluate what is actually best for the child, regardless of whether it affects the choice.
If you really want to be sure what happens when the parent dies, you can make a will. A will is a formal, legal document that lets you name who will be responsible for your child’s future when you’re gone. But there are other things that can be done and it depends on the situation.