I was awarded custody of my 3-year old son after my 10-year marriage collapsed. I remarried shortly thereafter and my son considers my husband his “real” dad, especially since his “real” dad hasn’t seen him at all. In the event that I die, can custody of my child transfer to my new husband?

Awarded Custody Child Custody

I was awarded custody of my 3-year old son after my 10-year marriage collapsed. I remarried shortly thereafter and my son considers my husband his “real” dad, especially since his “real” dad hasn’t seen him at all. In the event that I die, can custody of my child transfer to my new husband?

There is a presumption in favor of natural parents as the successor custodian in the event of the death of the custodial parent. That presumption could be overcome if the court feels it is in the best interests of the child to stay with the only parent he has ever known. This will become easier the longer the situation remains unchanged.

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