NY Divorce &
Child Custody Blog

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How Courts Assign Custody After Custodial Parent Death

Upon the death of a custodial parent, the courts must work quickly to appoint a new caretaker and guardian for the child. Typically, the surviving biological parent gets priority. However, if the biological parent is deemed unfit or if other special circumstances exist, custody may be entrusted to other parties. Potential alternative guardians include stepparents, grandparents, uncles, aunts, other relatives, friends of the...