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What if one parent dies who get custody surviving parent or the maternal grandparents?
Wiki User
∙ 7y ago
Generally, in the United States, biological parents are always favored for custody even if the parents were not married.
Unless the father is deemed unfit the court will favor him for full custody if he wants full custody.The court would require the father's consent to the appointment of the grandmother as legal guardian. If the father refuses to consent and requests custody then she must petition the probate court for guardianship. She must provide compelling evidence that the father is unfit and her guardianship would be in the best interest of the child. The court would appoint a guardian ad litem to study and evaluate the situation and report back to the judge.
The grandmother must show that although she thinks the child would be better off living with her, she knows the child should have a good relationship with her father and she will do everything in her power to encourage that parent-child relationship.
The judge would render a decision after hearing all the testimony and reviewing the report of the guardian ad litem. This is a serious situation and the grandmother mother should consult with an attorney who specializes in custody issues.
Wiki User
∙ 9y ago
Wiki User
∙ 14y agoAs long as the Grandmother is willing and able to take custody of the child.
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Can a 9 yr old child have the right to live with grandparents in Pennsylvania?
The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).
How do grandparents get custody of their grandchild if the parent disagrees and the parent put the child out and the child doesn't want to go back and live with the parent?
For the grandparents to get the custody over the parent, they have to go through a court case and prove to their case to have custody.
If a mother has legal and physical custody of a child and if she dies and leaves her child to her mother in her will can the child's father obtain custody of the baby or will her mother?
United StatesState 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 unless they have already been deemed an unfit parent.If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care of the children. The grandparents have a better chance of success if they can prove the surviving parent was not involved in the child's life and that they had a parent-child relationship with the child, took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods.That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US
Can a divorced father get custody of his kids if the custodial parent dies even if she appointed a guardian for them?
The law differs in different countries.United StatesState 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 unless they have already been deemed an unfit parent.If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care of the children. The grandparents have a better chance of success if they can prove the surviving parent was not involved in the child's life and that they had a parent-child relationship with the child, took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods.That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the USSee related question below.
Does shared physical custody with grandparents affect child support paid to custodial parent?
no
Do you have to go through courts to get custody of child when the other parents dies?
United States 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 unless they have already been deemed an unfit parent. The surviving parent should consult with an attorney. That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US
Can a parent and grandparent make a agreement for no child support payments if the grandparents take custody?
Yes but if the grandparents need help from the government the order will be back on.
Can grandparents take custody of a minor if the parent is on drugs in dade county Florida?
Only after approval of an Emergency Petition for Custody for a Child In Need of Care.
An unmarried couple has a child and on parent dies who gets custody?
In most places the surviving parent will automatically be considered to have custody. If there is a reason that this should not happen, the court will appoint a guardian. Others could petition the probate court for custody.
If parents have joint custody of child and father dies can father give his custody to grandma?
No, not if there is a biological mother in the picture. A parent can name a guardian in their will but that request will not become operative if there is a surviving who hasn't been determined to be unfit. Under extraordinary circumstances grandparents can be appointed legal guardians but only if the remaining parent is unfit and the placement is in the best interest of the child.In this case the child will remain in the sole legal custody of her mother.
Can the grandparents of a child whose parent was arrested for murder get emergency custody?
Yes they can unless the other parent can take the child, but it has to go through the court.
How do you regain primary custody after giving temporary custody to the grandparents?
If it was the court that awarded the grandparents temporary custody there must have been a reason. If the court considered you not to be a "fit" parent at the time you may have to offer convincing evidence that you are NOW a fit parent. File a motion with the court to regain custody of the child(ren). If the custody was ruled only 'temporary' the court realizes that it is not necessarily permanent situation.Generally when a person says they gave temporary custody to grandparents they actually mean to say they consented to the appointment of the grandparents as temporary guardians. The appointment is then made by the court. In that case the parties must return to court to terminate the guardianship order and the court will hear testimony to make certain the change is in the best interest of the child.
