when the custodial parent of a child dies, does custody automatically revert to the living parent?

Answer 1

yes unless that custody is shared with the other parents spouse...

Answer 2

It automatically goes back to the parent still living. Even if the remaining parent was deemed unfit. However, if the living parent signed away rights, then the children can be placed in a home or with relatives of the deceased parent. Or, if the living parent was previously deemed unfit then the relatives of the deceased parent can fight for custody. Also, putting it in a will doesn't matter if the living parent wants the children and didn't sign away the rights. Then it is simply a request for what the deceased wants, not necessarily what will happen. The best way to make sure the children never go to the unfit parent is to have him sign away the rights.
Be aware, however, that if the living parent wants custody and is not unfit, the relatives of the deceased will have no rights and have a slim chance in court of getting custody.

Answer 3

I live in Missouri and I'm not quite sure what the laws are here but I do know that in most states custody would automatically go to the non-custodial parent UNLESS the other parent has signed rights away or there is an underlying reason for child(ren) to not be placed there.

Answer 4

yes, sometimes this isn't the best case. If you want your child to go to another person get it in writing and have the proof that the other parent is not fit for the child.

My friend passed away in January, she had a daughter with her first husband, who was very abusive to her and the child. She left when the daughter was 8 months old. After she died the husband got to come and take the child (who was now 8 years old) away from the only family she had known since she was like 9 months old. Sad to say, but very true. The step father was willing to care for the child and everything but the law in Michigan requires that the child goes to the other parent.

Answer 5

Generally, yes. Unless there was some sort of mention in a will or other writings that they wanted the child to be under someone else's custody. Assuming the living parent is not incarcerated...

Answer 6

you would think so unless there is a reason that the living parent shouldn't have custody, then a family member could fight it in court. OR oh if the parent that died has a will and the child is not left to the living parent then no. In my mom's will if she were to die when I was a minor I would've went to my aunts, not my father.

Answer 7

I would say that it all depends on the other parent living situation.

If the other parent isn't physically able, or financially able to provide for the child then the child is better off with someone that is able and willing to take the child.

Of course a family member would be best, so the child is not giving to children services and end up -god knows where.

Good luck!!!!!!!

Answer 8

That would depend on the laws in your state and the terms of the divorce decree. In my state, it definitely does revert to the living parent unless they have been previously been found by the courts to be unfit parents.

Answer 9

i would guess that would be the obvious choice...
Unless there is something in the will of the deceased that states who would get custody of the minor child other than the living parent!!!
Then you would have to get lawyers involved and a possible court decision!!

Answer 10

WHEN THE PARENT WHO HAD THE CUSTODY DIES YOUR CUSTODY IS THEN TURNED OVER TO THE STATE AND A JUDGE DECIDES WHAT TO DO WITH YOU AND IF YOUR OTHER PARENT IS STILL ALIVE THEY HAVE TO FIGHT FOR YOUR CUSTODY IF THEY WANT TO TAKE YOU UNDER THERE CARE. I KNOW BECAUSE JUST A YEAR AGO IT HAPPENED TO ME.

Answer 11

depends....If the child was with the custodial parent because of abuse neglect, etc...no, the family of the custodail parent may also go to court and sue for custody