Legal Question in Family Law in Illinois
If the custodial parent dies, does the custody of the child automatically go back to the other biological parent?
Asked on 6/28/11, 9:15 pm
1 Answer from Attorneys
Sue Roberts-Kurpis, Esq.
Law Office of Sue Roberts-Kurpis
No. The surviving parent will have to file a Petition with the court to be appointed custodial parent. It is usually a summary proceding, however, if there are grandparents or other relatives who also seek guardianship, there may be additional litigation before the child is turned over to the surviving parent.
Answered on 7/21/11, 10:18 am
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