If one parent die and the other one has visitation right does that parent now have custody of the child.?
Answers:
Maybe temporarily until the courts rule, with final determination. It also depends on anything in the last will & testament of the deceased parent, and if the police have any suspicion that the surviving parent might have had a hand in the death of the other parent.
Invariably there can be other relatives with a thing or two to say on the matter, and the judge will probably want to ask the children on this too.
Nope. It's not automatic like that, especially since the surviving parent did not even have custodial rights, but only visitation. The court will decide. (Granted, unless there is very good reason for the surviving spouse to be denied, he/she will almost certainly be awarded custody.)
Usually, a minor child is given to the next of kin..and if a parent is alive (and not in jail) the child goes to that living parent. Most parents have "joint custody" while one parent is given "primary" status (usually the mother)...unless the father (or whichever parent) has been barred by the courts from seeing their child unsupervised...(if that parent has been deemed unfit) then, your answer is yes the child will go to the surviving parent. A lot depends on what kind of custody agreement your parents have, and what kind of provisions in a will, your custodial parent has made. If the child is old enough, and there is good cause why the child would not want to go to the surviving parent, then, a judge would decide based on the best interest of the minor child.
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