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Custody disputes often start after the death of a parent

On Behalf of Cullen Family Law Group | Dec 12, 2016 | Child Custody |

When the sole custodial parent—usually the biological mother—of a young child dies, who gets custody of the child left behind? The answer to that question can throw the entire surviving family into conflict and cause everyone to end up in court, wrangling over custody.

It might seem obvious to an outsider who should get custody, especially if there is a surviving biological parent or even a step-parent that has been the child’s only other parental figure since birth (which is common in same-sex relationships). Unfortunately, sometimes those other parents lack necessary formal legal ties to their children, which means that gaining custody of their own child may not be a given.

This can particularly be a problem when the maternal grandparents or the mother’s siblings want to gain custody of the child. Sometimes the mother’s relatives are acting out of grief and want to make sure that they won’t lose their only living connection to their deceased daughter or sister. Other times, they may feel like the other parent in the picture simply doesn’t have a “right” to the child for one or more reasons—and the law may actually be on their side.

For example, if you are the biological father of the child whose mother died, did you ever establish paternity? If not, you may have to go through the process of proving your biological relationship to the child just to start the process of gaining custody. If you were fairly uninvolved with your child either at the mother’s request or due to distance (if you lived in a different area), your child’s maternal relatives may argue that they have a significant emotional bond already with the child that should trump your paternal rights.

If you were in a same-sex relationship with the biological mother and been the child’s other parent since birth, you may have those deep emotional bonds established—but unless you took legal steps to adopt the child, there’s no guarantee that the court will give you custody over a biological relative that decides to object.

It’s also important to remember that a child, unlike a possession, can’t be willed to someone’s care. While the mother may have put together legal documents giving guardianship of the child to you if she died, those are subject to challenge in court.

Please visit our page to learn more about how our firm can help with custody issues.

Source: singleparents.about.com, “Child Custody After Death of a Parent,” Debrina Washington, accessed Dec. 12, 2016

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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