Legal Question in Family Law in California
''Death of a Custodial Parent Living in a different State''
My ex-wife has been residing in California for the last 6 years. She has legal custody of my 15 year old
son. Monday he found her dead. He is currently residing with my older daughter who is 24. What are the custody laws regarding this.
2 Answers from Attorneys
Re: ''Death of a Custodial Parent Living in a different State''
The parents of a child have the fundamental right to "parent" and have custody of the child. Unless you are unfit or it would be detrimental to the child, you have custody. You shouldn't need a court order as no one elso has a right to custody, if one is necessary you would get the order from the court that made the original custody order, if you are living in that state, or from California if you are not currently living in the state that made the order. Good Luck, Pat McCrary
Re: ''Death of a Custodial Parent Living in a different State''
You need to go into Court to have the previous custody order terminated based upon the death of a Spouse. I would also ask that the Court give you custody, however since you are the surviving spouse it would be automatic. Its better to have the Court enter an order however, in case the DA or someone wants to come after you for Child Support. You will need a copy of the death certificate.
If your case was in SoCal call me for a free telephone consultation at 818-998-1584
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