(1) If the parental custody was held by the parents jointly and if one parent has died, the parental custody is held by the surviving spouse.
(2) Where a parent who, under section 1626a (3) or 1671, had sole custody has died, the family court is to transfer parental custody to the surviving parent if this is not inconsistent with the best interests of the child.
(3) Subsections (1) and (2) apply accordingly to the extent that one parent is deprived of parental custody.