Question by  JacobH (25)

What happens when a parent with sole custody dies?

My sister had sole custody and she died. I would like custody of her child but I don't know if the child's father will get her.


Answer by  worker73 (61)

If your ex hasn't terminated parental rights ,then your child goes to him upon your death. Second husband has no legal claim on your child as he didn't adopt.


Answer by  mdjames26 (533)

It depends on what state you are in and whether or not the mother named anyone in her will to take custody of the child. The father has first rights.


Answer by  and1lpfan (356)

I'm sorry for your loss. While I have not experienced this personally, I would assume that the father would most likely be the first person they would go to for custody, unless there is a reason he cannot have custody. Although, you can always fight for custody yourself.


Answer by  Brett (7986)

A lot would depend on her will, and/or the amount of time/custody the father of the child spends with the child. Odds are, that you will have a lot of legal wranglings going on either way.


Answer by  Roland27 (16334)

If she had no will stating whom she would like her child to live with then it's up for grabs. You will probably have to go to court.


Answer by  John (9008)

The rules for this vary temendously from state to state. It also depends upon if the father lost all parental rights, or just custody. You need to consult an attorney in your state as soon as possible if you want custody, since there may be deadlines to act.

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