When parents don't die together in a common accident or disaster, the surviving parent always retains custody of the child; this is not a guardianship situation.

If the parents were never married, the child's other biological parent can come forward and petition the court for custody.

In this case we refer to the case of a child who was had been locked outside after his father [HHP] passed away. The customary wife changed locks. The question is: Does the child have any rights to be in his father’s house as his [daily] home?