Can I get custody if one parent dies? 1 Answers as of June 25, 2012
In a situation where divorce creates one parent sole custody, to the exclusion of the other in all matters, what happens in the event that the custodial parent dies? That is, who gets the kids? Does the other parent? Is it ambiguous? Can something like this matter be predetermined?
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The surviving biological parent is presumed to be entitled to legal custody. That presumption can be overcome if the bio parent has not acted in the child's best interests.
Answer Applies to: Oregon
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