Child Custody after Death of Custodial Parent in Idaho

It is possible that many different types of issues may arise following the death of a child’s custodial parent in Idaho. Of these numerous issues, child custody after the death of a custodial parent can be one of the more complicated.

Each custody case is different, sometimes making it difficult for a court to decide who should be awarded custody following the death of a child’s custodial parent. In most situations, the father will not automatically be awarded custody after the mother dies.

When these situations arise, there can be other people who are also interested in being the child’s guardian, such as grandparents. When the child’s mother was also their custodial parent, under the child custody laws for unmarried parents, the father can fulfill the proper legal requirements to establish paternity and get custody of their child.

If the child’s father has not already established their paternity, they will need to be legally recognized as the child’s biological father. In some situations, an individual who is appointed as the child’s guardian will not want to give the father the right to visitation.

If this occurs, a court will be able to give the father visitation rights, even over these objections. To find out more about custody laws in Idaho, as well as how a child’s father can obtain custody following the death of the custodial parent, they can consult with a local attorney in Idaho.

What Will a Father Need To Get Custody?

If a child’s biological father is interested in getting custody of their child following the mother’s death, they will have to have certain documents, including a signed acknowledgment of paternity (AOP) form or the child’s birth certificate that has the father’s signature.

If the parents of the child never got married or they are divorced and the child’s father does not have an AOP form, the father will not likely be able to get custody of their child immediately. As discussed above, the father will need to legally establish their paternity through the court system.

A child’s father can request paternity testing through the court which will use a DNA test to confirm paternity. Once the child’s father establishes their paternity, if they had not signed their child’s birth certificate at the time they were born, the document can be updated to reflect their paternity.

If the child’s father has a signed and valid AOP, they will often have certain obligations to their child and will receive certain rights over their child, which typically include:

• Having their name put on their child’s birth certificate
• Getting notices if adoption proceedings start
• Being responsible for providing financial support to the child

Just because a child’s father does have an AOP, they do not automatically receive visitation or custody rights following the custodial parent’s death. For more information on the process for a father to get custody or visitation rights and for help with the process, an individual can reach out to an Idaho attorney.

How Courts Make Custody Decisions

Whenever a court has to make any child custody decisions in Idaho, it will follow the child’s best interest standard. There are many factors that a court will review when determining what is in the child’s best interests, including:

• The living patterns of the child, for example, their:
  • home
  • community
  • school
  • religious institution
• The personal characteristics of the child, for example, their:
  • age
  • gender
  • mental and physical health
• The quality of the education in the school where the child is currently enrolled
• Both the mental and physical health of both of the child’s parents
• The emotional bond the child has with their parent or parents
• The ability of each parent to give their child:
  • clothing
  • medical care
  • shelter
  • food
• The lifestyles of both of the parents, in addition to other social factors
• When the child is mature enough to share their preferences with the court, it may consider those when making a decision

If the court weighs these factors and they do not favor custody being awarded to one parent over the other, it will usually award custody to the parent who can best provide the child with a stable home environment. Courts will often award custody to the parent that it determines will be more likely to encourage a positive relationship between the child and their other parent.

Courts commonly award custody to parents who are already serving as the primary caregiver of the child, especially in cases where the child is younger in age, so they can maintain as much stability as possible. If the child involved is older, the court may base its custody decision on which parent is best able to maintain continuity in the child’s established relationships, education, and religious practices.

A court will also review similar factors to determine if a party other than a parent of the child should be given custody. For more information about what courts consider when determining custody in Idaho, a parent should consult with an attorney.

What Types of Support Should Children Receive?

When a child’s custodial parent dies, the child should receive any and all types of support that those around them can provide. Many different legal issues may come up in these situations, including:

• The child being an heir
• Estate issues
• Life insurance
• Social security benefits
• Testamentary trusts

If the child’s non-custodial parent was paying child support, they need to continue to do so until they get an updated court order that states they are no longer required to make payments.

Why Is It Important To Appoint a Testamentary Guardian of Your Children in Your Will?

A child’s parent should name a testamentary guardian in their will as the individual whom they want to take care of their child if they pass away. This will provide any interested parties with an idea of the parent’s wishes and intent for their child.

A parent should also consider naming a back up choice in case their first choice of guardian is not available.

When Should You Consider Choosing a Guardian?

As soon as an individual becomes a parent, they should make a will and choose a guardian for their child whom they believe will have the time, energy, and income to properly care for them. A parent should also review their choice every so often as time goes on to make sure the choice is still the best for their situation.

When Do I Need to Contact a Lawyer?

If you are a parent in Idaho who has questions about what may happen if your child’s custodial parent dies or if you are the custodial parent and want to ensure your child is cared for if you pass away, you should consult with an Idaho child custody lawyer. A lawyer can help you create an estate plan and choose a guardian as well as a backup choice that will be the best fit for your child’s situation.

You can use LegalMatch.com’s free lawyer matching services in as little as 15 minutes to find an Idaho child custody lawyer in your area. Just submit your concern on the website and, in about 24 hours, you will get responses from licensed Idaho lawyers who are ready to help.