Custody when parent w/full custody passes away

[ARCoria]

Greetings,

My question here is. If a child has 2 parents, 1 parent has full custody of the child and the other only has visitation. What happens when the parent which has full custody passes away, who gets custody of this said child? The Grand mother of this child is trying to keep the child exactly the same as it was when the desist parent was alive. Does the Grand mother have custody now without the courts decision? Or does the mother have custody of the child now? Please advice.

Thank you for your input in advance.

 

[seniorjudge]

Q: What happens when the parent which has full custody passes away, who gets custody of this said child?

A: The surviving parent.

 

[Duranie]

The surviving parent should get custody. So the surviving parent has rights providing paternity was established. Grandma certainly does not have any rights here and definitely not more than the surviving parent. What state are you in? You could probably go pick up the child. At any rate you need to file for custody asap.

 

[ARCoria]

The surviving parent should get custody. So the surviving parent has rights providing paternity was established. Grandma certainly does not have any rights here and definitely not more than the surviving parent. What state are you in? You could probably go pick up the child. At any rate you need to file for custody asap.

We live in California.

 

[ARCoria]

Q: What happens when the parent which has full custody passes away, who gets custody of this said child?

A: The surviving parent.

That is what I thought.

Now a 2nd question to this. Can you grandmother file for any type of custody? We live in California, Fresno county, that helps any.

 

[ohiogranny]

Not sure about CA, but in most states if the child has a bond with the GPs, and if one parent is deceased, the g'parents may have standing to sue for visitation, since while the parent was alive they would have access to the child during parent's time. But they would have to file for it, and the court grant it. It's not automatic, they have no inherent rights...the surviving parent does.

 

[ARCoria]

Thank you all for your input.