Child Custody Issues: What Happens During the Death of the Custodial Parent?

Child Custody Issues

Child Custody IssuesYou are well aware that child custody cases are nerve-wracking for many couples. Not only is it emotionally draining for the divorcing parents, but it is all the more devastating to the young child. If the divorcing parents cannot reach an agreement, one wins and the other one technically loses. The turmoil continues in the event of the death of a parent.

Child custody cases where one or both parents are deceased can sometimes be more confusing than the first time the case was heard:

If the Custodial Parent Dies…

Does the non-custodial parent automatically gets custody of their child? Yes and no. Unless the custodial parent has written a will saying that they are assigning a guardian to look after the child upon their demise, the non-custodial parent gets first choice of continuing child custody. Nonetheless, this is only applicable if the birth certificate of their child documents the non-custodial parent as the biological and legally recognised parent.

If Not…

The grandparents of the child on the side of the custodial parent can have the chance to take full custody of the child. This is in the event there are no verifiable records as to the paternity of the child. The grandparents will still have to apply for child custody in court to facilitate the smoother transfer of parental rights from the deceased custodial parent to the grandparents.

What if There are No More Grandparents?

The next kin or relative of the custodial parent can apply for child custody. If there are no immediate relatives, a third party child custody application may be filed through the help of family lawyers in Brisbane by interested individuals who have a well-established relationship with the child. Additionally, these individuals need to prove they have the capacity to work for the child’s best interests.

If No One is Interested?

If no one lays claim to the child, it is the duty of the state to provide for their care. As such, the child may be sent to a foster care facility.

You simply do not know what will happen. As such, it is always better to go prepared. This means you have to write your will now and decide who takes care of your child upon your death.

Role of Birth Injury Lawyers in Seeking Compensation

Birth Injury Lawyer

Birth Injury LawyerThe birth of a child symbolizes love, hope, and happiness. It strengthens the union between man and his wife, as their family welcomes a new chapter in their lives. Unfortunately, this joyous moment might bring the opposite emotion due to unforeseen injuries and disabilities during delivery.

The negligence of healthcare providers may expose newborns to various life-threatening hazards. Birth injury lawyers in Atlanta, Georgia and the rest of the U.S. recommend making sure that these providers take responsibility. The following are some complications that might happen.

Hypoxia and Anoxia

Hypoxia refers to insufficient oxygen supply, whereas anorexia is the complete lack of oxygen. These conditions are the common causes of lasting birth injuries during labor and delivery. Oxygen plays an important role in the nutrient synthesis and energy production of all body organs, especially the brain. Therefore, deprivation of oxygen even for a few minutes can result to irreversible organ damage.

Hypoxia and anoxia often occur due to the negligence of the physician and healthcare staff. If the healthcare provider pinches or transects the umbilical cord accidentally, the baby will lose oxygen. The baby is unable to breathe on their own, so the umbilical cord serves as their main source of oxygen.

Medical malpractice is happens when the physician is unable to provide hyperbaric oxygen therapy after five minutes of insufficient oxygen. This technique is important, as it reverses the organ damage caused by oxygen deprivation.

Cephalhematoma and Caput Succendaneum

Cephalhematoma and caput succendaneum are vaginal birth injuries that cause permanent deformation of the baby’s head. This happens due to excessive head trauma wherein the head hit the mother’s pelvic bones, delivery instruments, or obstetric tables. If unskilled medical practitioners handled your delivery, they may not be using proper techniques like the wrong use of extractors that hastens labor and causes irreversible head swelling.

If your newborn suffered from any of these medical malpractices, it is important to know that you have a right to receive reparation for your baby’s irreversible injuries. Seek help from a trusted birth injury lawyer who can assist you in seeking for the necessary compensation.

Birth Injuries: Potential Shoulder Dystocia Causes and Injuries


BirthWhile shoulder dystocia is rare, it is also a very serious birth injury that occurs when an infant’s shoulder becomes wedged in the pelvic region of the mother while giving birth. Likewise, while most injuries resulting from shoulder dystocia typically heal between six months and a year, there’s always the risk of long-lasting disability, or worse, death.

Birth injury lawyers in Atlanta outline this condition below.

Potential Injuries due to Shoulder Dystocia

When the shoulders of a baby can’t pass through the pelvis of the mother during childbirth, the baby will become stuck in the mother’s birth canal. Consequently, both the mother and baby can sustain injuries due to the stress of forcibly pushing the baby out. These potential injuries can include:

  • Damaged collarbone or arm
  • Asphyxiation
  • Damage to the shoulder, hand, or arm
  • Hemorrhage
  • Brachial Plexus or Erb’s Palsy
  • Paralysis
  • Permanent Disability
  • Death

The mother can likewise sustain a bruised or torn vagina, rectum, or cervix, a bruised bladder, or uterine rupture.

Potential Causes of Shoulder Dystocia

Dystocia actually means “difficult or slow labor or childbirth” and while there may be plenty of factors that can contribute to the risk of dystocia, it is commonly a result of the mother’s pelvic region being too small or the baby being too huge, or a combination of these.

However, shoulder dystocia can likewise be caused by prolonged labor due to negligence or medical malpractice. These errors typically happen during vaginal childbirth assisted by use of a vacuum or forceps, but can likewise be caused by the doctor’s failure to determine or properly address the dystocia. In the event that the performance of the doctor and/or other healthcare professionals related to the delivery didn’t hold up to the generally established care level, they can be sued for medical malpractice.

Birth injuries such as shoulder dystocia are extremely traumatic. Once you’re ready and have explored the treatment plan for your baby’s birth injury, you should then begin exploring your legal options. When you have all the facts reviewed by a birth injury expert, you’ll be able to start building a medical malpractice case against those who’ve wronged your budding family and just focus on taking care of your baby.