Legal Question in Family Law in Oregon

In a situation where divorce creates one parent sole custody, to the exclusion of the other in all matters, what happens in the event that the custodial parent dies? That is, who gets the kids? Does the other parent? Is it ambiguous? Can something like this matter be predetermined?


Asked on 6/14/12, 2:59 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

When there are two parents -- both alive -- a decision needs to be made as to which of the two parents will be the custodial and which oine will the noncustodial (or they may have joint or shared custody). But when one of the two parents dies, there is no longer a need to msklr s choice between two parents. Consequently, the surviving parent automatically gets the kids (unless there is some compelling reason for depriving the surviving parent of the right to have custody of his children.)

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Answered on 6/14/12, 11:12 pm


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