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Who gets custody when custodial parent dies?

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Theran14

Junior Member
What is the name of your state (only U.S. law)? PA

I live in WA state. My two children aged 16 and 13 live in PA with their custodial mother. In the event she passes away do I automatically get custody of them or will I have to fight in the courts against someone (stepfather) she determines should get them in a will or otherwise?
 


ecmst12

Senior Member
The courts will make the determination but most of the time, the biological parent will be VASTLY preferred over any step parent or any other relative, unless it can be shown the remaining parent is unfit for some reason. Children are not property and can't be "willed" to someone else.
 

LdiJ

Senior Member
The courts will make the determination but most of the time, the biological parent will be VASTLY preferred over any step parent or any other relative, unless it can be shown the remaining parent is unfit for some reason. Children are not property and can't be "willed" to someone else.
However, I will say that your children's ages will play into things just a bit. For example, if mom passes and one of them is a senior in high school, and wants to remain with the stepparent so that they can graduate with their class, the judge may allow that.

Also, if either of them are 18 or older at that time, it will be their decision where they live.
 
I don't want to hijack this thread, but I also don't want to start another. In my case, where my daughter is 9 and her dad is an incapacitated adult with a guardian, what is it that I can do to protect her so that in the event something happened to me, she could stay with my mom (who has lived with us and helped me DD since DD was 8 months old).
 

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