Legal Question in Family Law in California
Child Custody
if a parent has total custody of one child, but then passes away, can the child make a case to go and live with other relatives if he/she does not want to go back to the other parent becasue of past events?
2 Answers from Attorneys
Re: Child Custody
Yes However this can be a complex process, retaining an attorney would increase the probability of success.
Re: Child Custody
It is actually stated in the family code that the surviving parent should have custody of the minor child. If however, there have been events which would tend to show that it would be detrimental to the child and not in his/her best interests to live with the surviving parent, then the court is authorized to make alternative custody arrangements. If the child is of sufficient age and maturity then the court will take the child's wishes into account.
Notwithstanding the foregoing, it is a complex area of the law into which you are entering and I strongly advise that you retain the services of a competent family law attorney to assist you.
Good luck and best regards,
Damian Nolan.
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