Mom has sole legal custody mom dies does dad get child?

The father will generally be the next choice of the court unless he has already been determined to be unfit. If he doesn't want custody some other family member or friend can petition to be appointed the legal guardian. The court will evaluate the situation and make the appointment if there are no objections.
The father will generally be the next choice of the court unless he has already been determined to be unfit. If he doesn't want custody some other family member or friend can petition to be appointed the legal guardian. The court will evaluate the situation and make the appointment if there are no objections.