I am far too worried about the recent mass shootings and what would happen to me as a kid if both of my parents passed away. which I believe goes in this sub) that would not be in my best interests. However, what happens in terms of custody afterwards? Since my grandma, who speaks no English, has a linguistic barrier, she also lends a hand around the home that my parents own. Given our strong relationship, would she be taken into consideration, or is custody now up for grabs?
As I am sure every state has its own laws, I am in North Carolina, USA.
When deciding on guardianship or placement, the court must take the minor’s best interests into account. It is nearly always believed that placing a minor with family—also known as kinship placement—is in their best interests. It is highly likely that CPS would supervise your placement with your grandmother until a thorough investigation and permanent guardianship/adoption could be finished, even if your grandmother already resides in your home and is willing to take care of you.
If both parents die before choosing a guardian, the courts will have to decide who will care for the child. Usually, a close relative takes on this responsibility, but it may not be the person you would pick. However, if both parents have nominated guardians in their wills, the chosen guardians will be consulted.
When young kids lose their parents, a judge needs to pick someone to care for them. This person, called a guardian, is often a relative or a good friend of the family.