Preserving Families

And Protecting Assets

mother and two kids walking at sunset

Family law: Child custody when a custodial parent dies

No matter how old a child may be, the death of a parent can be life-altering. That may be especially true in Texas when child custody becomes an issue after the custodial parent’s death. The question is,, who will become the main custodian of the child or children after something so tragic?

Some possibilities

The most likely option would be the first in line and that would likely be a noncustodial parent, if paternity is not in question. Other possibilities include:

  • Grandparents
  • Aunts, uncles, cousins or others in the family
  • Family friends
  • Godparents
  • The state

Guardianship is important

The state is the absolute last resort, but if there are no other options, the state of Texas will step in and children will end up in the foster system. This is why it is so important that relatives pursue the guardianship of the children. When children became wards of the state and are put into foster care, it may be difficult for relatives to visit them and foster parents may even end up adopting them.

There are many points that can affect the custody of a child and one of those is the death of the primary custodian, which is usually a parent. Texas residents who believe they should be in line to have custody of the children when this kind of tragedy occurs should seek the help of a family law attorney. Legal procedures must be followed in these circumstances and in every instance regarding child custody. The court will make difficult decisions in accordance to what is in the best interests of the child or children.

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