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.