There are many different kinds of issues that can arise after the death of a custodial parent in Mississippi. Of these, child custody after the death of a custodial parent can be especially complex.
Because every custody case is different, it may be challenging for a court to determine which party should be given custody after the child’s custodial parent passes away. Typically, the child’s father does not automatically get custody when the child’s mother passes away.
In these types of situations, there may be other individuals who also want to be the child’s guardian, for example, grandparents or other relatives. If the mother was the child’s custodial parent, pursuant to the child custody laws for unmarried parents, the child’s father can follow the proper legal requirement for establishing their paternity and obtaining custody.
If the father has not already done so, they will need to have their paternity legally established by having a court recognize them as their child’s biological father. In these situations, if an individual is appointed to be a child’s guardian and they do not want to give the father the right to visitation, the court can provide the father with visitation rights anyway.
To get more information on Mississippi custody laws and how a father can get custody after the death of the custodial parent, it is important to reach out to a local attorney in Mississippi.
What Will a Father Need To Get Custody?
When the biological father of a child wants to obtain custody of their child after the mother passes away, they will need certain documentation, such as the child’s birth certificate showing their signature or a signed acknowledgment of paternity (AOP) form.
When a child’s parents were never married, or they get a divorce, and the father does not have a signed AOP form, it is not likely the father will be able to immediately obtain custody. Instead, as discussed above, they will have to establish their paternity in court.
After the father of the child has established their paternity, if they did not sign the child’s birth certificate, a court can amend the document to reflect their paternity. Additionally, the child’s father can ask the court for paternity testing.
If the father has a valid and signed AOP, they will usually be provided with certain rights as well as have certain obligations to their child. These may differ by location and facts of their situation, but usually include:
- Their name being listed on the child’s birth certificate
- They will receive notification if adoption proceedings are initiated
- They will be responsible for helping to financially support their child
Simply because a child’s father has a valid AOP, it does not mean they automatically get visitation or custody rights after the child’s custodial parent dies. To find out more on the proper process for obtaining visitation or custody rights as well as help throughout the process, it is important to consult with a local Mississippi attorney.
How Courts Make Custody Decisions
Any time a court makes any type of child custody decisions in Mississippi, it has to follow the child’s best interest standard. There are numerous different issues that courts may need to review in order to determine what is in the child’s best interests, such as:
- The personal characteristics of the child, for example, their:
- gender
- age
- mental and physical health
- The living patterns of the child, for example, their:
- community
- home
- school
- religious institution
- The emotional bond the child has with their parent or parents
- 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 ability of each parent to give their child:
- shelter
- food
- clothing
- medical care
- When the child is mature enough to tell the court their preferences, it may consider those when making its decision
- The lifestyles of both of the parents, as well as other social factors
When the court finds that the factors noted above do not favor one parent having custody over the other, it will typically give custody to the parent who is better able to provide the child with a stable home environment. In addition, the court will typically give custody to the parent who it believes will be more likely to foster a positive relationship between the child and their other parent.
It is common for a court to give custody to the parent who was already acting as the child’s primary caregiver, especially when the child is younger, in order to help them maintain stability in their lives. When the child in the case is older, the court may consider giving custody to the parent, who will be able to best maintain continuity in their relationships, education, and religious practices.
It is important to be aware that the court also uses similar factors when determining if someone other than the child’s parent should be awarded custody. To find out more information on the factors courts examine in Mississippi custody cases, an individual can reach out to a local attorney.
What Types of Support Should Children Receive?
If a child’s custodial parent passes away, they should receive all of the support available to them. There are many different issues that can arise at this time, such as:
- Life insurance
- The child being an heir
- Estate issues
- Social security benefits
- Testamentary trusts
The child’s non-custodial parent, if they were ordered to pay child support, should continue doing so unless they receive a new court order stating they are no longer required to.
Why Is It Important To Appoint a Testamentary Guardian of Your Children in Your Will?
Parents should always appoint a testamentary guardian in their will whom they want to care for their child after their death so that all interested parties will know their intentions. It can also be helpful to list a back up choice in case the first choice is not available.
When Should You Consider Choosing a Guardian?
An individual should consider choosing a guardian when they become a parent. It is important to take into consideration whether or not their guardian choice will have the income, energy, and time to care for the child.
In many cases, it can be helpful to ask the potential guardian whether they are able to take on the position and are willing. As time goes on and the child ages, parents should make sure to review their guardian choice and revise it if necessary. If a parent is having trouble choosing the guardian, an attorney can help them evaluate their choices and create their estate plan.
When Do I Need to Contact a Lawyer?
If you are a Mississippi parent with questions about what will happen if your child’s custodial parent dies, you should reach out to a Mississippi child custody lawyer. Your lawyer can answer your Mississippi custody questions as well as help you create and implement an estate plan, including a choice of guardian, that ensures your child will be cared for in the event of your death.
LegalMatch provides a convenient and no charge lawyer matching service that you can take advantage of in as little as 15 minutes. All you do is submit your question on the website, and you will receive responses in around 24 hours from Mississippi child custody lawyers who can help you.
