What happens when a divorced parent dies?

What happens when a divorced parent dies?

If your ex-spouse dies, though, you may wonder what happens to the custody order. California law specifically addresses the death of a custodial parent. If the parent dies before a child becomes an adult, the surviving parent automatically receives sole custody.

What happens if the custodial parent dies?

What Happens When the Custodial Parent Dies? Regardless of which parent had primary custody, after the death of the custodial parent, the surviving parent will be considered the child’s natural guardian. The noncustodial parent’s parental rights are not terminated by an order of custody in such instances.

Can a 15 year old choose to live with a grandparent?

No. Children have no rights as to expressing a choice except in disputes between their parents. Even that is limited – the child does not decide but the court must consider the expressed preference. Grandparent visitation rights are limited and…

Can I choose who to live with at 16?

A California judge is required to consider your preference, but is NOT required to let you decide. It’s part of being a minor; your parents get to decide some stuff for you, until you’re an adult, or emanciptaed.

Where would my child go if I died?

On the death of a father or mother of a child, the surviving parent is the guardian of the child either alone or with any Guardian appointed by the deceased parent. If there is no surviving parent, and no Guardian was appointed by the parents, the Supreme Court can appoint a Guardian.

At what age can a child decide what parent they want to live with?

16 years old
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.