Child custody orders and agreements tend to be the most arduous aspect of a family law case. In most cases, no issue is more strenuously fought for than the issue of child custody.

If after an order has been made, and the custodial parent dies while the child is still a minor, the surviving parent immediately becomes entitled to sole custody. This entitlement to sole custody occurs unless it can be proved by clear and convincing evidence that such custody would not be in the child’s best interest, and would be detrimental to the child.

If clear and convincing evidence is not presented to show that sole custody to the surviving parent is not in the child’s best interest and would be detrimental to the child, the surviving parent will have full parental rights, including the right and responsibility to make all decisions relating to the child’s health, education, and welfare.

Similarly, a child custody order becomes “nonmodifiable” with the noncustodial parent’s death, assuming the parents were the only parties to the order. As such, third parties who for the first time want to contest custody or visitation must do so by way of an independent proceeding such as a guardianship or dependency proceeding.

An experienced Los Angeles child custody attorney can help determine your rights and obligations concerning child custody issues.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a child custody case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us wherever you are. If you’re thinking of hiring an attorney for a modification of custody, call us today at 1-888-749-7428 for a consultation.