Is sole legal custody granted to a parent if other parent dies

My stepchildren (16 and 17 years) live with their mother who is dying and her parents. their father and mother share joint legal custody. is sole legal custody automatically given to the father if the mother dies? do the grandparents have any rights to make decisions for children since they are living with them?

If you are in a custody dispute and the deceased is the only one going for custody of that child and no other parties involved then yes you would be granted sole custody of the child, actually the case most likely would be dismissed.

I noticed the response you left after I answered, to clearify, because of the age of the children, if the grandparants want custody of the children then they can file for custody, it won't automaticly go to the father. The children are of the age where they can decide if they want to re uproot their lives again. Depending on the orrginal custody order the father has a very good chance of winning but keep in mind because of the situation they will have very liberal visitation and may even be granted joint custody............... your husband needs to get a family lawyer to file for custody.

If a parent that has sole custody passe's away then if the father is willing and able to care for the child he would be the frist one to get custody. If he is not in jail or have crimmal records. A family member can file for custody in the death of a parent if the father is unable.

Also forgot to mention that if you state the state your in I can tell you the legal rights that the grandparents can have if your state is one that allows them any rights.