# N.J. Stat. § 9:2-5: Death of parent having custody; reversion of custody to surviving parent; appointment of guardian by superior court; removal

> New Jersey · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-5

## Section

- **Citation:** N.J. Stat. § 9:2-5
- **Heading:** Death of parent having custody; reversion of custody to surviving parent; appointment of guardian by superior court; removal
- **Jurisdiction:** New Jersey
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NJ Code / Title 9 / Chapter 2 / Section 2-5

## Text

In case of the death of the parent to whom the care and custody of the minor children shall have been awarded by the Superior Court, or in the case of the death of the parent in whose custody the children actually are, when the parents have been living separate and no award as to the custody of such children has been made, the care and custody of such minor children shall not revert to the surviving parent without an order or judgment of the Superior Court to that effect. The Superior Court shall have the right, in an action brought by a guardian ad litem on behalf of the children, to appoint such friend or other suitable person, guardian of such minor children, and shall have the right to remove such guardian, and to appoint a new guardian or guardians, and to make such judgments and orders, from time to time, as the circumstances of the case and the benefit of the children shall require. Amended by L.1948, c. 321, p. 1297, s. 5; L.1953, c. 9, p. 71, s. 4.

## Nearby sections

- [N.J. Stat. § 9:2-1 Custody of children of parents divorced in another state or country; action in Superior Court; notice to persons interested; judgment; exclusion from hearing; records not open to public inspection](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-1.md)
- [N.J. Stat. § 9:2-2 Custody of children of divorced or separated parents within jurisdiction of Superior Court; removal from jurisdiction; consent; security](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-2.md)
- [N.J. Stat. § 9:2-3 Custody of children of parents living separately; powers of court](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-3.md)
- [N.J. Stat. § 9:2-4 Custody of child; rights of both parents considered.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-4.md)
- [N.J. Stat. § 9:2-4.1 Person convicted of sexual assault, custody of, visitation to minor child; denied, exceptions.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-4.1.md)
- [N.J. Stat. § 9:2-4.2 Parental access to children's records.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-4.2.md)
- [N.J. Stat. § 9:2-4a Best interest of child primary consideration.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-4a.md)
- [N.J. Stat. § 9:2-5 Death of parent having custody; reversion of custody to surviving parent; appointment of guardian by superior court; removal](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-5.md)
- [N.J. Stat. § 9:2-7 Habeas corpus to determine custody of child; access to child](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-7.md)
- [N.J. Stat. § 9:2-7.1 Visitation rights for grandparents, siblings](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-7.1.md)
- [N.J. Stat. § 9:2-7.2 Concealment of child; preliminary hearing as to custody](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-7.2.md)
- [N.J. Stat. § 9:2-9 Unfit parents and custodians, court action to grant relief](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-9.md)
- [N.J. Stat. § 9:2-10 Order for proper care of child](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-10.md)
- [N.J. Stat. § 9:2-11 Commitment of child to child caring society; cost of proceedings; consent to adoption of child; support by relative](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-11.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-5. Check the current official text before relying on it. Not legal advice.