Legal Question in Family Law in California

If the custodial parent passes away, and the will makes specfic direction that a family member raise the child, can a absentee non-custodial parent automaticly take the child?


Asked on 5/07/10, 11:25 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Generally, custody and visitations decisions should be made by the family law court where the earlier order was made. They are not made by will. Probate court is for dealing with property and debts, and children are not propery. The specific answer to your question would depend on more information, such as whether the absentee non-custodial parent was barred from seeing the child, or had their parental rights terminated.

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Answered on 5/14/10, 2:18 pm


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