Wednesday, October 8, 2014
WHO WOULD GET CUSTODY OF MY MINOR CHILDREN IF I DIE?
QUESTION: If I have sole physical and legal custody of my minor children and I die, would the surviving parent automatically get custody of the children or would the surviving parent have to take my family to court?
MY ANSWER: On your death, the surviving parent would normally be automatically entitled to custody of your minor children. However, other interested parties could petition the Probate Court for guardianship of the minor children if the surviving parent is an inappropriate parent, is in prison, is in a mental institution, etc.