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A parent or sibling. Other than that the courts would make any decisions. * The ex-spouse if he or she is the biological parent of said children, a divorce does not invalidate parental rights. If that were not possible the next of kin in progression would be an acceptable adult sibling of the minor children, maternal grandparent(s), paternal grandparent(s). If none of those applied the court would request voluntary guardian petitions from the siblings of either or both biological parents. Appointed Godparents do not have automatic legal custodial rights as is sometimes believed.

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18y ago
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14y ago

If there are no other legally binding arrangements made, the matter would probably be decided by the Order of Precedence that is applicable for the country of residence. In many western cultures (including in the U.S.), an unmarried person's parents would be the closest next of kin.

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9y ago

The court must appoint a guardian.

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Q: Who is the next of kin if you have minor children and are unmarried?
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Related questions

Are the decedents minor children and fiance considered to be the next of kin?

No. Although next of kin is an inexact term depending on the context, a fiance is not next of kin. An unmarried adult's (who has minor children) children and parents would be considered next of kin. See related question link. A fiance would have no legal rights unless the decedent had executed a document granting legal authority.


Who is the widowers next of kin would it be the widow?

Not necessarily. If the widower is unmarried, and has no children, but has parents or siblings that are still living - then they are the next of kin


Who is next of kin to a unmarried person?

Their parents or other family members would be their next of kin.


Does next of kin have rights over estate over unmarried partner?

In a case of no will, the next of kin has priority. Unless there is a will, the unmarried partner will not have any rights.


Is a step daughter next of kin to step mother?

Whether or not a step daughter is next of kin depends on a variety of factors. If there are no other closer relatives, then it could be the case.


Who is next of kin in unmarried sisters?

The mother or father or legal guardian of the sisters. if there is no guardian the sister is next of kin.


Who is the next of kin for minor child with unmarried parents mum or dad?

In the US and the UK a minor child's next of kin is her parents. It doesn't matter whether they are married and the law favors neither one. See the related question for a more detailed source for inheritance from intestate estates.


Who is next of kin parent or child of patient?

Generally speaking, if the patient has children (or a spouse and children), they are the legal next of kin. If no children (and no spouse), the parents are the next of kin.


Who is first next of kin - parent or child?

Your next of kin is your adult child or if your child is a minor, your parents.


Who is next of kin when dad has no wife the children or his mother?

The children would be the next-of-kin, or more correctly his heirs at law, for purposes of inheritance. The mother would be next-of-kin if he was unmarried and childless. If he was seriously injured and cannot speak for himself and the children are minors his mother would likely be considered his next of kin. She would be favored by the court for appointment as his guardian. He may list either as beneficiaries of his property (estate) in his will, and it can be contested by either party in probate court. See related question.


Are your children your next of kin?

If you are not married and your children are under 18 then your next of kin is either your parents or siblings.


In English law who are the next of kin of a divorced man his parents or his daughters and son?

The children of an unmarried decedent are his legal next of kin. You can check the laws of intestacy in the UK at the link provided below. On the first page look for the link at the bottom that will open a chart.