California is a state that has a bright line rule that determines who takes custody of a child, as stated in California Family Code section 3010(b): If one parent is dead . . . the other parent is entitled to custody of the child.
What happens if the child is with relatives or caretakers? Immediate action is needed in order to protect the stability of the child. A surviving parent under the statute needs to seek quick resolution consistent with the best interests of the child, which includes:
- Filing quickly in court to ensure that they are awarded custody.
- Making sure that their child attends regular grief counseling or therapy to help them cope with their loss.
- Realize every case is unique and will have its own challenges, including other family members battling to take control of a child through a variety of legal remedies.
The Provinziano & Associates team stands ready to take immediate action to assist families by providing compassionate representation to maintain the well-being of a child in the face of such an incredible loss.
Setting up child custody schedules can be difficult for divorcing parents - but creating a parenting plan is essential. Here's what you need to know.
The experience at an ex parte child custody hearing varies greatly from county to county in California, and even from courtroom to courtroom in the same county. The courts’ approaches fall generally into two formats of how to handle an ex parte emergency child custody matter
A new development in family law this last year is the introduction of Family Code section 3040, signed into law by SB 274. This new law states that a child in California can legally have three parents. Child custody cases may now have to include orders for three parents making the process of defining custody even more complicated.