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Parental responsibility when a parent dies
Draft, translated: translated from the Norwegian original with the help of a language model, and may contain errors. The Norwegian version is the authoritative one. See the Norwegian original →
What happens to parental responsibility if one of the parents dies. As a rule the surviving parent gets sole responsibility, but there are exceptions.
Norwegian original last checked against official sources: 22 September 2026. Rules and figures change, so always check the official site before you act.
Losing a parent is always difficult for a child. This guide only covers the legal side: what happens to parental responsibility when it does.
Did you have joint parental responsibility?
If one of the parents who shared parental responsibility with you dies, you as the surviving parent get sole parental responsibility. This happens automatically, without anyone needing to make a decision about it.
Did the deceased have sole parental responsibility?
If the child lived with both parents at the time of death, the surviving parent gets parental responsibility, even if they did not have it before.
Exception: if the surviving parent is charged in the case
If the surviving parent is charged, indicted or convicted of intentionally causing the other parent's death, the automatic transfer does not apply. The court must then make a temporary decision about parental responsibility.
Can others claim parental responsibility?
Yes, in some cases. If the person who would under the law have received parental responsibility did not live with the child, others, for example grandparents or others close to the child, can claim to be given parental responsibility and for the child to live with them. The claim must be brought before the court within six months of the death. The decision must primarily be based on what is best for the child.
Where to get help
- The family counselling office gives free counselling in difficult family situations, see Family counselling office: help with parental cooperation.
- If you disagree about parental responsibility or where the child should live, the case can be brought before the court, see When parents disagree: the case in court.
- Free legal aid may cover lawyer costs in this type of case, see Free legal aid.
Tip: If the family already has a clear view of who should have care in the event of a death, it can be very helpful to write this down as a declaration of wishes in good time. It is not binding on the court, but can be given weight in an assessment of what is best for the child.
Sources
- The Children Act, section 38, Lovdata (Norwegian)
- The Children Act, sections 64–64d, court procedure, Lovdata (Norwegian)
Kontaktpunkt24 gives general information, not legal advice. If you need help with your own case, contact a lawyer, a legal aid service, or the relevant authority.
This page is translated from Norwegian with the help of a language model, and may contain errors. The Norwegian version is always the authoritative one.