40-4-221. Determination of custody upon death of custodial parent. (1) Upon the death of a parent granted custody of a child, custody shall pass to the noncustodial parent unless one or more parties named in subsection (2) request a custody hearing. The noncustodial parent shall be a party in any proceeding brought under this section.
     (2) Upon the death of a parent granted custody of a child, any of the following parties may request a custody hearing and seek custody of the child:
     (a) the noncustodial natural parent;
     (b) the surviving spouse of the deceased custodial parent;
     (c) a person nominated by the will of the deceased custodial 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) any other party whom, upon showing of good cause, the court permits to intervene as an interested party.
     (3) The hearing and determination of custody shall be governed by this part.

     History: En. Secs. 1, 2, 3, Ch. 127, L. 1979.