In the aftermath of Mindy McCready's suicide, a key legal question is who will receive custody of her children - six year old Zander and 10 month old Zayne? The issue is complicated by Zayne's father pre-deceasing Mindy last month while Zander's father, Billy McKnight, lost custody of him years ago.
When there is a surviving parent, a court will usually award custody to the surviving biological parent. When there is no surviving parent, a court will generally award custody to the person designated in the deceased's will. I have not read anything indicating whether Ms. McCready left a will, although I doubt a woman living in a garbage and feces strewn house would provide for her post-death affairs. Here, the commentariat believes that Ms. McCready's mother and step-father will receive custody of both boys. I wish them all luck, love, and peace moving forward. They all deserve it after the tumult in their lives.
This news should serve as a reminder for everyone to prepare a will so that their wishes for the custody of children post-death are not left to chance.