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Who gets custody if the custodial parent dies?
My little brother is five and my father has custody of him due to his mother. She does drugs, and she is not fit to be a parent. She does however get one weekend a month with him due to her moving out of state. My dads health has been declining and the other day my step mom made a joke that she wouldn't want my brother because he's crazy (it was just a joke she loves him like her own). Well it made me think what would happen to him if something happened to my father. Would his mom get him, my step mom, or could I get custody (I'll be 18 soon). I could never be able to live with my self if his mom got him, and not to mention i would never see him again. (We also live in Tennessee if that helps) I would also be fine with him living with my step mom she's a great person, but I didn't know if that was an option.
4 Answers
- Anonymous6 years ago
Mom, initially, if her rights were not terminated, and if some other plan was not made. But a best interests hearing would be made to determine what would be in the boy's best interest. I am not familiar with Tennessee law, but child protective services should be called.
- ?Lv 76 years ago
In Tennessee, the courts would do their very best to find a suitable blood relative first over a step-parent.
- MorningfoxLv 76 years ago
A judge would normally pick the next closest blood kin, who is willing, able, and qualified. Sounds as if maybe his mother would not be qualified. Neither would you, being only 13 years older. Your stepmother *might* be picked, if she is willing, already has a close personal relationship, and no close blood kin objects.
Is there an aunt or uncle or older cousin who might want to take in your brother? And also, what would your father want? Your father needs to write it down!