Who obtains the custody of the children if the custodial parent should die?
A common question in any divorce scenario is whether the custodial parent can name someone other than their ex-spouse or soon-to-be ex as the guardian for the children. While a parent can name anyone he or she chooses, a court will presume that the surviving parent is fit and will award custody to that parent. The court will ignore any other designated guardian for the children. There are exceptions to this presumption. Some typical factual situations wherein parental rights can be terminated are if one parent has a severe criminal record or a drug and alcohol problem. If a child is adamant about refusing to live with the surviving parent, then there may be a chance that the court will follow the wishes of the child. However, the court would have to be convinced that the child was not unduly influenced and that the child chose would be in his or her best interest.
