The short answer is: it depends.<\/p>\n
This is a question we get a lot, and one we typically discuss at length with non-married parents during our planning sessions. When one of the parties of a divorce decree dies, this will end the custody agreement because there\u2019s no longer anything to govern. In most cases, custody usually reverts to the surviving parent.<\/p>\n
An exception to this is when one of the parent\u2019s rights to the children has been terminated. If this is the case, many states allow third-parties, such as grandparents, to intervene. Grandparents can also intervene if they believe the surviving parent is not able to care for the children. The burden of proof would fall on the grandparents to demonstrate that the surviving biological parent is unfit. They would have to go through a lengthy custody proceeding that can be stressful on everyone \u2013 especially the children.<\/p>\n
But, this can all be avoided\u2026<\/p>\n