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The law differs in different countries.

United States

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit parent.

If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care of the children. The grandparents have a better chance of success if they can prove the surviving parent was not involved in the child's life and that they had a parent-child relationship with the child, took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods.

That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US

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13y ago
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13y ago

Yes because the father is the rightful guardian of the children.

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Q: Can a divorced father get custody of his kids if the custodial parent dies even if she appointed a guardian for them?
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Related questions

What divorced parent is legally responsible to get child school?

Signing the child up for a school is something the custodial guardian do so if you share custody you have to agree on this.


What divorced parent legally responsible to get child school?

Signing the child up for a school is something the custodial guardian do so if you share custody you have to agree on this.


What is it called when a mother and grandmother has legal right of a minor child or can that be done?

Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.


Can the parent with sole custody give guardianship to someone else and will the other parent have to pay child support?

No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent.No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent.No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent.No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent.


Can you leave another state without a guardian's consent if they don't have custody of you and the person you are going to see does have custody of you?

No. A legal guardian is appointed by the court to oversee the welfare of a minor until said minor reaches the legal age of majority or the court rescinds the guardian order or the guardian askss to be reieased from the obligation. A legally appointed guardian's custodial powers supercede that of the biological parents. Furthermore, the guardian would need permission from the issuing court to allow the minor to leave the residence for any extended period of time especially if the minor is leaving the state of residency.


Who represents the child in a custody case?

A guardian ad-litem is appointed by the courts


Who is next of kin to minor children of divorced parents if legal guardian is in an accident or something of that manor?

You need to add more details. The parents are divorced. The child has a "legal guardian" rather than being in custody of the custodial parent. The child may have another living parent. The court would need to appoint a legal guardian or custody to the other parent. Your question leaves too many questions unanswered. You can add more details on the discussion page.


Can a guardian with temporary custody award full custody to someone else?

Of course not. The temporary guardian had to be appointed by the court and only the court can appoint another guardian. Only courts can appoint guardians or award custody.Of course not. The temporary guardian had to be appointed by the court and only the court can appoint another guardian. Only courts can appoint guardians or award custody.Of course not. The temporary guardian had to be appointed by the court and only the court can appoint another guardian. Only courts can appoint guardians or award custody.Of course not. The temporary guardian had to be appointed by the court and only the court can appoint another guardian. Only courts can appoint guardians or award custody.


What is the difference of Parental or custodial rights?

A guardian must be appointed by the court pursuant to a petition for guardianship and has the legal authority to care for another individual's person and/or property. In the case of minors, a guardian is someone other than a parent. In the case of an adult, a parent can be appointed as their guardian.Custody, in this sense, refers to the care and control of a child awarded by the court usually to one or both parents. The parent who is awarded custody of a child is not referred to as their guardian.


Can a 16-year-old move out without the consent of their guardian in New Hampshire?

yes. A minor who has a legally appointed guardian can arbitrarily leave said guardian's custody the guardian cannot withhold permission for the minor do do so. Guardians are appointed by the court and therefore it is necessary to have a court order rescinding the guardianship and/or stoping the minor from changing his or her custodial residence.


What is the name of the person who takes custody of a child?

depending on the situation, "custodial parent," "caretaker relative," "custodian" or "guardian"


Can a grandmother share legal custody if mother is unfit but makes the request?

It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent.It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent.It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent.It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent.