The loss of a parent is a difficult time. In the case of the loss of a parent, especially when there's a custody agreement in place over a minor child, you can see that things can become complicated pretty quickly and that decisions have to be made. If the parent who's passed was living with the assistance of the grandparents of the child too, it adds another dynamic and there are differing levels of input that the child can add to the potential decision as they age. Shon Cook of Tabono Law helps explain.
When a parent passes, the immediate assumption is that the other parent assumes full custody. That's a big life change all at once. It's the natural way things should be, but there are cases where the other parent has had no contact or isn't capable of assuming the role of parent. The dynamics can be difficult when it comes to sorting things out should any number of factors come in to play. In the courts mind, it's the best interest of the child, first and foremost. It can get a little tricky when things pop up like emotions of grandparents or a family who's dead against the other parent who may have left under less than ideal circumstances. There are procedures and benchmarks set up in the court system to help address every situation, and the help of an attorney is certainly in need if this situation arises. What's best for the child comes first and that can take an emotional impact on all involved.
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