Legal Question in Family Law in California

Death and child custody

What happens to a minor child in the state of California if the surviving parent dies without a will and there is family in other states including an adult sibling?


Asked on 1/16/09, 11:14 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Death and child custody

The child will be placed with a foster family pending a court determination of the best placement of the child. If a dependency case is opened in juvenile court then the out of state family members could contact the juvenile court and request custody of the child. If a juvenile court case is not opened the out of state family membwers should file a petition to be made the guardian of the child with the court in California. A request for the appointment of a temporary guardian could be requested.

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Answered on 1/20/09, 3:17 pm


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