CALIFORNIA FAMILY LAW
...Death of a Spouse
......Effect on Custody Issues
5 Cards On This Topic:
  • If one parent is dead, the other parent is entitled to custody of the child.
  • Grandparents have visitation rights when related parent is deceased.
  • Death of custodial parent after dissolution final results in immediate transfer of custodial rights to other parent.
  • No modification of custody or visitation can be made in dissolution action after death of spouse.
  • Death of party terminates marriage, renders dissolution action final and nonmodifiable, thereby preventing custody litigation by other relatives.