40-4-221. Determination of child’s care upon death of parent. (1) Upon the death of a parent, one or more parties named in subsection (2) may request a parenting plan hearing. The surviving parent must be a party in any proceeding brought under this section.

(2)Upon the death of a parent, any of the following parties may request a parenting plan hearing:

(a)the natural parent;

(b)the surviving spouse of the deceased parent;

(c)a person nominated by the will of the deceased parent;

(d)any person nominated by the child if the child is at least 12 years old;

(e)any other person if that person has actual physical control over the child;

(f)a person who has established with the child a child-parent relationship, as defined in 40-4-211;

(g)any other party whom, upon showing of good cause, the court permits to intervene as an interested party.

(3)The hearing and determination of a parenting plan is governed by this part.