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When custodial parent dies does noncustodial parent get custody?
Wiki User
∙ 14y ago
Yes, they do.
Wiki User
∙ 14y ago
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In Louisiana when a sole custodial parent dies who has custody Does custody revert to non-custodial parent automatically?
It is not an automatic switch. However, the non custodial parent may file to take custody. If this is not an option another family member may step up.
When a custodial parent dies is child support from a non custodial parent still due?
Of course. Unless the non-custodial parent takes sole custody, the non-custodial parent is still responsible for paying child support to whomever the child goes to. There is no reason the death of a parent should terminate the other parent's child support obligation.
If a noncustodial parent owes 55000 in back support dies is that money still paid to the custodial parent the child is over 18?
Yes, if there's anything left in the estate after the higher priority creditors (if any) are paid.
Is there a statute of limitations for collecting child support in Massachusetts after the noncustodial parent dies?
no
Are non custodial parents awarded child after custodial parent dies?
In many cases, yes, but it's not automatic.
If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
Does a non-custodial parent who walked out 10 years ago have rights to 14-year-old when the custodial parent dies?
It depends on the circumstances and related court orders.
Is asking the noncustodial parent for life insurance in which the particular child is the sole beneficiary a typical child support negotiation request?
Usually no, you can ask for a trust to be set up in the event that the non custodial parent dies, but you can not require a life insurance policy to be created with the child as the sole beneficiary. In this case, the non-custodial parent can choose anyone they want to. If you are worried about the noncustodial parent dying, I would suggest asking for a trust to be set up. he/she is not required to do it, as I have never heard of a court requiring that.Another PerspectiveLife insurance is usually made a part of separation agreements when the parents are represented by competent counsel. It is not unusual at all for custodial parents to be concerned that life insurance be maintained with the custodial parent or child being the beneficiary. Even if the parents divorce, the child should enjoy the benefits of having two parents since they brought her into the world and are responsible for her support. Whenever possible a minor child should have the benefit of life insurance to pay for support and education expenses in case either parent dies unexpectedly.
How can you prevent the non-custodial parent from collecting the child's social security survivor benefites if the custodial parent dies?
To be sure I understand your question, let's say, for example, you have custody of your child, and you want to know if you die can you keep your ex from receiving Social Security suvivor benefits. Do I understand it right? If so, then NO, you cannot prevent the child's other parent from receiving SS benefits. If you have custody, I assume the other parent is paying child support. If not, you need to taket him or her to court and sue for it. If s/he is paying child support, then that's good. If you are concerend that if you die the other parent would squander the money at the expense of your child (neglect, etc.) then you need to talk to an attorney to see what can be done. But this will be a tough one since it is customary for the surviving parent to receive SS benefits for the minor child if the custodial parent dies.
Do you have to go through courts to get custody of child when the other parents dies?
United States State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit parent. The surviving parent should consult with an attorney. That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US
Can you enforce child support without court order if non-custodial parent dies?
No order to enforce
An unmarried couple has a child and on parent dies who gets custody?
In most places the surviving parent will automatically be considered to have custody. If there is a reason that this should not happen, the court will appoint a guardian. Others could petition the probate court for custody.
