Losing a parent  is a devastating event for a child, who may feel as if their entire world has been shattered. In addition to the difficult emotional hurdles that come with this type of loss, there can be numerous legal and logistical challenges as well. 

In these types of scenarios, California family law accounts for what happens with custody arrangements. Even so, disputes can arise especially as other relatives and potential caretakers may step in to try and ensure that the child’s needs are being met.  Today, we’re taking a look at this and other custody complications that may arise when a parent passes away in CA. 

How Is Child Custody Handled When a Child Loses a Parent?

Parents can define how custody is handled in case of an untimely death. This is done via a will, which dictates will happen if a child loses one or both parents and custody becomes an issue. Many times however, deceased parents don’t leave a will touching on custody, which is where the family law courts assume responsibility for assigning custody. 

Like with other custody matters, the family law courts make this decision based on promoting the best interests and well-being of the child. That said, there is a general hierarchy which the courts adhere to, provided there are no other confounding circumstances. 

Biological parents are usually the first preference, where the courts might assess the other parent to ensure that they will be an adequate caregiver. If neither biological parent is available, or if a biological parent is deemed unfit to parent, other caregivers such as extended relatives, step-parents, and any adult who is close to a child can petition for guardianship.

Other Caregivers May Petition for Guardianship of the Child

Non-parental guardianship is a valid option in CA family law, but the legal process itself may be complicated and difficult to navigate. In order to petition for guardianship, a non-parental caregiver must submit formal legal documentation to the family law courts. This document includes information such as the nature of the relationship between the adult and the child, detailed plans on how the caregiver will be able to provide for the child’s needs, and more. 

This document is then heavily scrutinized by the family law courts in CA, who review it to ensure that it is both factual as well as aligned with the well-being and best interests of the child. 

Talk to a CA Divorce Attorney Today

At the White Oak Law, we understand how major events such as the loss of a parent can lead to devastating consequences for all involved parties. Our compassionate and experienced child custody and family law experts take pride in their ability to help people seeking guardianship in these situations. We work closely with all clients to fully understand their needs and situation, and provide them with guidance during every step of the way. 

If you have any questions about today’s blog post, or want to discuss any family law matters with our team of legal experts, don’t hesitate to reach out. Call us at White Oak Law today to book an initial appointment with one of our experienced divorce attorneys. 

Call today at 925-271-0999 to connect with our trusted and experienced team at the White Oak Law Firm.