Legal Question in Family Law in Maryland
Child custody after death of custodial parent.
Is there a law in the state of Maryland that will assure that my child's father will not be granted legal custody of the child if Mother(custodial parent) should die and the child (13yrs. old) refuses to live with father? If so please, advise.
Asked on 10/03/00, 1:07 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Child custody after death of custodial parent.
There is no such law. If the custodial parent dies, the surviving parent has priority in terms of gaining custody of the children. Unless another aspiring custodian (e.g., grandparent, aunt/uncle, etc.) can demonstrate to the court that the surviving parent is unfit, or that giving the surviving parent custody would be detrimental to the child's interests, he/she will get custody.
Answered on 10/31/00, 3:22 pm
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