California | Family Law
Legal Question
My Kids mother died Sunday. It has been a long 8 month battle with cancer. We have been divorced around 12 years now. I see the kids weekly and have always done so. We had Joint legal and she had physical custody. I live about 4o miles from their home. I would like them to finish out the school year where they are. My son is a Freshman and my daughter will graduate in under 3 months. After that she will be on the way to college and I would have my son move in with me and finish his last three years of high school here. They would continue to see their mom's side of the family. Their aunt insists she would move into her sister's (My ex) house let them finish the year there, after which she feels it was their mom's wish for my son to live with her.
1. Does the Custody agreement end with the death of the other parent?
2. Can custody be transfered to a non-parent as she implies were her sister's wishes?
3. What is the best way to document the three month term so it is not implied as a long term arrangement?
4. Is there any legal standing for non parents to take custody?
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