Law Office of Chandra E. Miller
A Northern California Family Law Firm
Call Now To Talk To An Attorney
530-377-5022 Local
866-679-7592 Toll Free

When a custodial parent dies in California

Family law attorneys handle many different types of cases, including those dealing with child custody modifications, but changes in custody may occur for many reasons. One instance would be when a child experiences the death of his or her custodial parent. A new guardian would need to be appointed as the responsible party until the child reaches adulthood.

However, there could be several parties interested in raising a child who has lost the custodial parent . The non-custodial parent may desire full responsibility of the child, if this person has been established, or there may be grandparents or other relatives who seek guardianship of a child in this situation. It is possible that a family friend, also known as fictive kin, requests to become the guardian of a child whose custodial parent has died.

A family court judge will typically make the legal determination regarding guardianship of children whose custodial parent has died. If children have no living relatives, no one has a suitable background, or otherwise steps up to parent the child, the state will likely take them into custody and place them into foster care. Sometimes children find adoptive homes through the state, but other times children will age out of the foster care system.

The death of a custodial parent is never easy, but anyone who wishes to take on the parental role for the child or children in question should seek advice quickly. It is important to make an interest in guardianship be known through the proper channels. In any case, the family court will always find in the best interests of the child, but an attorney might be able to represent concerned relatives or fictive kin in a child custody case such as this.

No Comments

Leave a comment
Comment Information

Contact Our Office

Law Office of Chandra E. Miller
1147 High Street
Auburn, CA 95603

Phone: 530-377-5022
Map & Directions

  • Avvo
  • Rated by Super Lawyers

Facing A Divorce Or Family Issue?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy