I have sole custody what happens if i die

In a child custody arrangement, usually one parent will have more custody rights with a child than the other parent. The custodial parent often has legal custody over the child as well i. They may be entitled to visitation rights with the child for instance on weekends.

If appropriate, child custody will usually go to the surviving parent. Unless they are found to be unfit, if a surviving parent comes forward, then they will likely be granted custody of the child. Paternity will have to be established if the surviving parent of the child is the father. An unmarried father will typically have to sign an acknowledgement of paternity AOP form to establish legal paternity rights to a child. Without a signed AOP, an unmarried father does not immediately have rights to a child; he will have to go to court to establish paternity at a later time.

The biological father can also initiate or request paternity testing after the death of the custodial parent. Different states may have different laws and procedures for acknowledging paternity of a child. There are certain rights guaranteed by signing an acknowledgement of paternity. These may vary by case, but will usually include:. However, signing an acknowledgement of paternity does not immediately guarantee the right to child custody or the right to visitation.

This is because these are broad matters that generally involve separate court procedures. An example of a case where a court would not award custody is if an ex-wife remarried before her death and her new husband adopted the child. This also includes the right to receive custody upon the death of the custodial parent. Also, if your ex-wife had a valid will in place, then the will might say who she feels should receive custody of the children upon her death.

Very young children are not considered to be capable of making major decisions for themselves, such as who they prefer to live with after the death of the custodial parent. However, older children can often be in a place to decide on their own whether they would prefer to live with the other parent or a different guardian. Each state has different laws and guidelines in terms of how old children must be before their opinions on their custody can carry weight with a judge. The judge may honor their preference if the children are old enough to make such decisions in your state and if they request a different guardian.

It is important to note that in some states such as California, child custody automatically transfers to the non-custodial parent after the death of the custodial parent. If your ex-spouse did not specifically state in the will that you should have custody of the children or noted their preference for a different guardian, this means that your claim for custody will not go uncontested.

Additionally, if the surviving parent is known to have abused the children, then the court would not grant them custody. Where parents draw up wills that have outlined who they wish to have child custody after death of both parents then the courts will more than likely follow the wishes of the parents. This is providing there are no issues as to why the chosen or nominated guardian cannot acknowledge child custody after death of both parents.

Parents of a child can often have contrasting wills. Where both parents have made wills in relation to child custody after death of both parents then the courts will usually take in to account the wishes of the last parent to die.

However, the courts have the powers to intervene in the case of contrasting wills of the parents. The courts will consider evidence from both potential nominated guardians and decide based on the best interests of the child. The courts will consider the welfare checklist and will base their decisions on the welfare and the best interests of the child. In the absence of a will of the parents and following the death of both parents the decision to award the custody of the child will be placed with the court.

The courts will undertake this decision by considering who is the best placed person to cater for the needs and wellbeing of the child based on the evidence it adduces at a hearing. Despite their being surviving grandparents, aunties, uncles or siblings they may not be considered as automatic choices for child custody after death of both parents. The courts will usually take into account the person who is most closely related to the child and whom the child knows and has spent time with.

In the absence of close relatives and family members the courts can take into account family friends for child custody after death of both parents.

Where a custodial parent dies and there are no close relatives the court may consider providing custody to third parties. These may include family friends or other associates of the family. In order to provide third party custody, the court must be satisfied that there is an established relationship with the child and the family friend or third party and that awarding third party child custody after death of custodial parent will be in the best interests and welfare of the child.

Parents do not always consider a will is needed until the future. This could be due many reasons including not being sure of what assets and belongings they will leave behind or how their relationships may change. A parent can nominate a guardian without making a will. They chose who will be a guardian for their children in the even they die. In order to do so the guardian must be appointed, with an agreement in writing and executed by 2 witnesses.

If you are a parent who has been given sad and unfortunate news of a limited life expectancy or simply wish to make future care arrangements, call us today on to discuss your options or let us call you back to discuss how we can help you.

With family law experts in Northampton as well as Newcastle, York, Fulham and Oxford we are proud to have the national strength to deal with all types of child matters including child custody following the death of parents. Our family law specialists can also provide you with advice and assistance on ensuring you appoint a guardian for your child in the even of your death. If you are making a new enquiry please complete the form below and a member of the team will contact you to discuss your situation.

We are a team of family law and divorce experts with years of experience in dealing with all areas of family law matters. We are not part of a firm of Solicitors, do not undertake legal reserved actives unless permitted and are therefore entirely independent. The following information related to the child custody in India following the death of a parent can help you prepare.

To take the decision of custody of the child after the custodial parent dies is a difficult one. But following are the candidates who can be considered as the guardians thereafter and can be given the custody of the child on the possible terms. In such types of cases, court may also consider the third-party to obtain the custody of the child. Third-party may be a close family friend who supports the child custody and can become a legal guardian of the child.

These are the circumstances when the custody of the child can be given to the third-party formally. For more information on the above topic, contact an expert advocate who can guide you to take the following steps in an effective manner.