Getting Custody When Parties Aren’t Married & One Parent Passes Away

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After a court decides on the primary custodial parent, the order should be the child’s best favor. However, unforeseen circumstances could challenge the upholding of the custody arrangement. One of these situations is the parent’s death, who has to give immediate and physical care to the children. The court must be able to determine the appropriate amendment of the custody. What is the implication of this matter concerning the possible custodian of the offspring? Can one immediately get child custody if the other parent dies?

Circumstances If Ex-Partners Are Unmarried and the Other Parent Dies

Matters of child custody will always be under the principle of upholding the child’s best interest as best as it can. The court is open to the possibility of granting custody to the living biological parent. Whether the parents are previously married or divorced, the court respects parental rights. In this case, the living parent shall present oneself to raise the claim of full custody. Whatever reasons failing the parent in qualifying as the new child’s caregiver, other relatives or legal guardians can assume the right.

This long-established notion is consistent with court-established standards regarding the effect of a parent’s death on a custody order or court case. In general, courts distinguish instances in which just the child’s parents are parties to a custody order from those in which other parties have rights. The form of the custody order or court case influences whether nonparent family members, such as the child’s grandparents, can pursue their wishes in court.

How Establishing A Paternity Helps Immediate Child Custody Grant

Most courts emphasize which possible primary caregiver is most likely to create a stable home for the children. In matters involving an actual child custody arrangement or a pending custody dispute in court, the death of a child’s parent can create complicated legal complications. If the mother dies, the man must present legal paperwork for child custody. The laws and processes for recognizing a child’s paternity differ from state to state. To immediately get child custody if the other parent dies, the biological father should get paternity and formally acknowledged by the court.

Michigan Lawyers Advice for Gaining Child Custody After The Custodian’s

This move about establishing paternity will not mean an immediate grant of child custody. The court needs to evaluate the intention or sincerity of the remaining parent to prove the parent’s worthiness being the custodian. Moreover, any ongoing cases of the parent on abuse or criminal charges will mean it difficult to no grant child custody. Whatever circumstance suits you in matters concerning this matter, you have to talk to your legal adviser or lawyer for the right thing to do.

To immediately get child custody if the other parent dies, contact Goldman and Associates Law Firm. We are one of the leading family law legal consultations and services for family and other related cases. We employ expert attorneys that can help you before, during, and after any legal proceedings. Book an appointment for prompt legal action.