The death of a loved one can leave people devastated, especially if the death was a spouse or fiancé and the couple has children. When a parent in New Jersey dies, the custody of any minor children automatically goes to the surviving parent in most cases. But in some circumstances, other family members may wish to gain custody of the child, leading to a battle in court. In the case of Aaron Carter, his fiancée was able to regain custody of their child after his death.
Keeping the family together
In general, the court tries to keep children with a biological parent if there aren’t questions about the safety of the child. For several months leading up to Aaron Carter’s death, his mother had custody of his 13-month-old son. Carter’s family was concerned about possible violence or drug use in the home he shared with his fiancée.
After Carter’s death, his fiancée was able to regain custody of their son through the court system. During a custody hearing, the court will consider evidence from both sides. If a child has previously been removed or a parent has had their custody revoked, the parent must be prepared to show that they are capable of caring for their child. In this case, the court determined that Aaron’s fiancée should regain custody based on the evidence presented.
Seek help when involved in a custody dispute
Custody disputes happen for many reasons. Sometimes, families simply can’t agree on which living situation best fits the child. New Jersey residents who are going through a custody dispute can benefit from seeking legal counsel. An experienced family law attorney can provide helpful information on settling on an arrangement that best benefits the child.