40-4-221. Determination of child's care upon death of parent.
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/mt/title-40/chapter-4/part-2/40-4-221·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
40-4-221 . Determination of child's care upon death of parent.
(1)Upon the death of a parent, one or more parties named in subsection
(2)may request a parenting plan hearing. The surviving parent must be a party in any proceeding brought under this section.
(2)Upon the death of a parent, any of the following parties may request a parenting plan hearing:
(a)the natural parent;
(b)the surviving spouse of the deceased parent;
(c)a person nominated by the will of the deceased parent;
(d)any person nominated by the child if the child is at least 12 years old;
(e)any other person if that person has actual physical control over the child;
(f)a person who has established with the child a child-parent relationship, as defined in 40-4-211 ;
(g)any other party whom, upon showing of good cause, the court permits to intervene as an interested party.
(3)The hearing and determination of a parenting plan is governed by this part.