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?
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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.
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