Under California law, if a parent or legal guardian dies, it is presumed that the child’s other parent will assume sole custody. However, there may be situations where the surviving parent is unable or refuses to take custody of the child. In that case, another person – such as a family member or friend – may be able to petition the court for guardianship. Learn how child custody works after the death of a parent or guardian in California, and contact a Beverly Hills family law attorney if you need help.