When both parents have passed away without a clear directive, complicated child custody issues may arise. If there are multiple family members contending for the right to raise the child, it most likely will fall to the court to decide who will have custody. Depending on the circumstances, this can be a difficult decision for a family court judge to make.
The late country singer Mindy McCready's two young sons have been in foster care since shortly before her death. After McCready's father asked a judge to order her into rehab out of concern for the welfare and safety of the children, the 6-year-old and 10-month-old boys were taken to a foster home which, we can assume, was only meant to last as long as it took for the singer to get the help she needed.
After her death, several of McCready's family members have expressed the desire to take care of her sons. The older boy's father is attempting to get his son out of foster care but the younger boy's father also died earlier this year. McCready's mother and stepfather are said to want custody of both boys. The way this case unfolds may catch the attention of those who are interested in grandparents' rights.
With both parents meeting such sad fates, the young boys may face some unique challenges growing up. It's in their best interests for the judge to carefully weigh all the options to decide what the best situation for each of the boys should be.
Source: Fox News, "Mindy McCready's children: What will happen to her sons?" Feb. 21, 2013