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.
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