If one parent has sole custody of a child and that parent dies will the living parent get the child?

Answer 1

I'm not a lawyer, but I would presume that providing the other parent is not of a position to take care of the child, or is banned by the court from having custodial care of the child then it would presume that the step parent would become primary caretaker, of course that is assuming no immediate family members who are still living may provide better care. Of course the law changes according to state/country.

Answer 2

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child.

Answer 3

First, some people believe that custody can be arranged by will in the case of a biological parent naming their spouse as guardian of their child. A custodial parent cannot affect legal custody or state law by any provisions in their will if there is a living biological parent who has not already been deemed unfit and wants custody of their child.

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.

In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.

One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom.

The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.

You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.
It depends on who wins the catfight.

Answer 4

That may happen, it depends on what the mother wanted and if she made her wishes known in her will.

Also is the child's natural father still alive? He too may have a claim/responsibility to take over custody.

If the child is concerned it would be OK for the child to speak to social services about their concerns and wishes as to what should happen. If you do not know how to do this ask one of your teachers to help you make contact.