Section 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: (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.En. Secs. 1, 2, 3, Ch. 127, L. 1979; amd. Sec. 25, Ch. 343, L. 1997; amd. Sec. 2, Ch. 414, L. 1999.