Custody rights... My sister passed away

[lizcarmona]

My sister passed away and left 2 minor children behind and left nothing saying who can have them....What is going to happen now

[AFFA]

Re: Custody rights... My sister passed away

I wish to inform you that rights of a minor after a parent dies depend upon the state laws. Every state wants to promote the "best interest of the child" when a parent dies, which implies that a minor will be protected from hardship such as loss or dispossession of a home and other benefits as a consequence of the death. Further, a surviving parent has an automatic right to custody when the other parent dies. However, in case of unmarried parents where the father had not sought custody or visitation rights the child custody may not go to the father.

AFF

[sandyclaus]

Re: Custody rights... My sister passed away

My sister passed away and left 2 minor children behind and left nothing saying who can have them....What is going to happen now

If there is no other person who has custody or guardianship rights over them, and if the children's father is still alive, and his parental rights haven't been terminated or restricted for any reason, then custody will likely be transferred to him. If, however, he is unavailable, then Children's Services and the courts will have to decide. Usually, they will seek out a close relative and see if there is anyone willing and able to take custody. Until that happens, the children will be placed in foster care.

Who has the children now?

[Disagreeable]

Re: Custody rights... My sister passed away

If you want to step up, contact childrens services to determine their status and file an exparte order for custody.

[lizcarmona]

Re: Custody rights... My sister passed away

Well first of all the father is alive wants to take the children but has no custody and his name is not in the birth certificate....Secondly my sister was living with my mother when it happened and my mother is not going to make it easy for them to go with him, even though my mother is disabled and cannot take care of herself, she has aides that come to the house to take care of her, even to bathe, and the kids are 10 and 7 with emotional and psychological problems. I cannot take them bc I am not mentally capable of such a big responsibility.

[Lexus]

Re: Custody rights... My sister passed away

If something happens to both parents and no guardian is named in a will, the child becomes a ward of the state until custody is determined. In some cases, the child may be placed with a family member temporarily. Any family member or close friend, including godparents, can file for custody of the child. The court looks at the relationship between the child and the godparents and makes a decision based on the best interest of the child. In most cases, this involves leaving the child with a family member.

[Friend In Court]

Re: Custody rights... My sister passed away

My sister passed away and left 2 minor children behind and left nothing saying who can have them....What is going to happen now

The biological father has first rights to the children. If he is not available or cannot be found, then Children's Protective Services will take them into custody UNLESS a close relative petitions the court right away for custody of the children.

[JH Sparacino]

Re: Custody rights... My sister passed away

My sister passed away and left 2 minor children behind and left nothing saying who can have them....What is going to happen now

It depends on whether she was a single mother, divorcee or a widow. If she was a single mother; where paternity was established, the established father is the priority candidate for custody. If paternity was not established it is up to the Probate Court to set a temporary Guardianship in a family member and then the putative(not proven) father can petition the Probate Court for custody after establishing paternity. If she was divorced; the ex-husband is the custodial parent due to her passing. If she was a widow, then the Probate Court will appoint a guardian. I hope this was helpful.