Q: If a child’s parents are not together and the custodial parent passes away , does the non custodial parent receive child
If the custodial parent passed away and a temporary guardianship is given to a family member, does the non custodial parent have rights to receive custody of their child?
A: If one parent passes away, generally custody goes to the surviving parent. However, there are exceptions to this. If the Court has entered a temporary guardianship order, then the Court has granted custody to a third-party instead of the surviving parent. If the surviving parent wants to fight for custody, then they will need to do so by challenging the temporay guardianship order. It would then be up to the Court whether the parent or third party is granted custody of the child.
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