If two unmarried people have a a kid together and custody was never established and one parent dies does the surviving parent get custody automatically in ny state?

Answer 1

I will assume this is not a small goat, but a child. The nature of the question does make one wonder though. Custody was established at some point, unless the child moved from home to home in which case, neither parent should have had custody. The child lived somewhere, and that established a default home for the child.

You should inform the court of your parental status and your desire to have custody of the child.