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Who gets custody if both parents die but they are divorced and I live with my dad and my brother lives with my mom?

If a person is designated as the custodian in the parents' will(s), then that person is likely to be granted the custody. If however, there was no will, or no custodian specified in the will, then, then the court can appoint a custodian of its own choice. Usually, any of the relatives - uncles, aunts, grand parents, step parents, and even friends and strangers can apply for the custody. It is the responsibility of the court to choose the custodian. In case there are no will, or no custodian specified, and no petitions, then the court may put the children in foster care. This answer is actually independent of the marital status of the parents, and which child is living with whom at the time of the parents' death.


If parents are divorced at what age can a child choose to live with what parent according to Ohio Law?

The age of majority in Ohio is 18. Under that age, if there is a dispute of custody during a divorce, a judge will determine who the child lives with. Of course, the judge can take into consideration a child's preference.


Do children of divorced parents ever get to choose to not go to visitation?

Sure, just as soon as they turn 18 they never have to see either parent again if they don't want to. Children under 18 are legally treated as a kind of extension of their parents, not necessarily as people in their own right. They could petition the court to modify the custody decree, but this is not likely to be granted unless the non-custodial parent poses an actual threat to them.


If you have joint custody can your teenager live with either parent?

The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.


What age do you have to be to choose to live with your mother or father when the mother has custody?

Legally minors are not allowed to choose.

Related Questions

Can a minor in Virginia choose to stay with step parent if parents are separating?

If the step parent files for custody, and the judge awards custody of the child to them.


If parents are divorced at what age can a child choose who to live what parent according to Virginia?

When the child is 18.


How old do children have to be to choose which parent they choose to live with if their parents are divorced in Wisconsin?

They have to be 18,


If you have joint custody do you have a right to help choose who provides child care for your children?

If you have joint legal custody yes you do have the right to help choose who cares for your children. The parents should discuss the issue reasonably and try to agree.If you have joint legal custody yes you do have the right to help choose who cares for your children. The parents should discuss the issue reasonably and try to agree.If you have joint legal custody yes you do have the right to help choose who cares for your children. The parents should discuss the issue reasonably and try to agree.If you have joint legal custody yes you do have the right to help choose who cares for your children. The parents should discuss the issue reasonably and try to agree.


Who gets custody if both parents die but they are divorced and I live with my dad and my brother lives with my mom?

If a person is designated as the custodian in the parents' will(s), then that person is likely to be granted the custody. If however, there was no will, or no custodian specified in the will, then, then the court can appoint a custodian of its own choice. Usually, any of the relatives - uncles, aunts, grand parents, step parents, and even friends and strangers can apply for the custody. It is the responsibility of the court to choose the custodian. In case there are no will, or no custodian specified, and no petitions, then the court may put the children in foster care. This answer is actually independent of the marital status of the parents, and which child is living with whom at the time of the parents' death.


In Maryland can a 12 yr old child choose to live with grandparent if divorced custodial parent home is not safe?

A minor can not choose where to live. Your grandparents can apply for custody after the parental rights have been given up or taken from your parents by the court. If you are living in a unsafe environment you have to tell someone or call the CPS.


Can you get divorced first in the state of Nevada before custody of the kids is granted?

I live in Nevada and have seen enough divorces (who in Nevada hasn't?) to know that yes, you can get divorced before custody is decided in Nevada. In fact, most of the cases here (at least the ones I've seen) are settled this way and custody cases are usually heard seprately. But if you choose to do so, you can also have custody settled at the same time as the divorce.


Can a 16 and pregnant girl choose witch parent she wants to live with if there divorced and her father has partial custody?

not without court approval see link


In California if father has primary physical custody and both parents have joint legal custody can the child choose which parent he wants to live with?

No, legally a minor has no choice in the matter.


If parents are divorced at what age can a child choose to live with what parent according to Ohio Law?

The age of majority in Ohio is 18. Under that age, if there is a dispute of custody during a divorce, a judge will determine who the child lives with. Of course, the judge can take into consideration a child's preference.


What happens to you if your parents are divorced?

you can either be happy about it (i highly doubt it), or you can choose which parent to live with, or live with a different relative


Is it legal in Arkansas to live with your boyfriend when you have joint custody of a child with your ex husband?

Yes, single parents, regardless of divorced or never been married, are free to live with whoever they choose as long as that person is not bad for their child. This is what happens after people with children divorce - they find new partners and moves on.