The thought of a parent dying when one or more of their children are still young is a very disturbing thought, but unfortunately it’s something that happens all over the world. Sometimes the death is an accident and sometimes it’s not, but there is always a great deal of emotional turmoil to work through afterward, no matter how it happened.
When it happens a custodial parent dies, there is even more to consider because the child or children essentially have lost their guardian. Sometimes, the situation is already worked out, but other times the answer isn’t quite as clear.
Not Set In Stone
If he or she is heavily involved in the child’s life or there is a will that names them as the one then it’s easy.
However, if the parents didn’t get along or the non-custodial parent wasn’t really involved in the kids’ lives then it could be a different story. That’s not to say they wouldn’t end up with the kids, but it isn’t a definite and there may be some court wrangling required. Some of the possible guardians include the grandparents, older siblings, aunts and uncles or even the state if there are no other options.
Is Paternity Acknowledged?
In most cases, if paternity was acknowledged and established, and the father was making child support payments, he will likely get custody upon the mother’s death. Paternity can be acknowledged by the father’s signature being on the child’s birth certificate and established through DNA testing if it’s ever disputed.
Third-Party Custodians
In situations where the custodial parent dies and there is no other parent or close relative that can accept responsibility for the children, a third-party custodian may come into play. The court will usually choose the third-party custodian that seems to be the best fit for the child.
Parent’s Last Wishes
In cases of illness or disease where death is planned, the custodial parent’s last wishes may have an effect on child custody. The parent’s will may outline who she feels should have custody of the children and why, and even though the other parent will usually be at the top of that list, this isn’t always the case.
What the Child Wants
Some older kids may not want to live with the other parent for specific reasons and those reasons might make perfect sense to a judge. There is a big difference between visiting and helping support kids and raising them completely. There are special child support law firms to deal with such cases.
Just remember to keep this element in mind if you have children that don’t live with the other parent. Whether you are the custodial parent or not, death can happen to anyone and it’s important to be prepared.
