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i have sole custody. Who will have custody if i die, stepfather or bio-father?

i have sole custody. Who will have custody if i die, stepfather or bio-father? Let's suppose that my daughter has been living with me and stepfather two or more years.

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Laura169

Asked by Laura169 at 1:54 PM on Oct. 7, 2008 in General Parenting

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Answers (6)
  • Does the bio want anything to do with her? If not, they would look to your husband next. Did the bio fahter give up all rights to her?? If so, I would imagine that means he wouldnt have rights even if you did die. I hope this is not something you are that worried about though. I would hope you dont plan on dying for a long time!!
    LovinEveryDay

    Answer by LovinEveryDay at 1:59 PM on Oct. 7, 2008

  • if stepfather has adopted child, he would have custody.... but if not then bio father, that's what happen to my niece..unless child is of age where judge would ask where he or she would like to live with!
    ladiemama

    Answer by ladiemama at 2:01 PM on Oct. 7, 2008

  • BIO-DAD....unless he has signed over his rights and the step-dad legally adopted him.

    I'm trying to get the same thing figured out myself. So that if anything happens to me that my son stays with his stepdad. BUT I've also been told that if that were to happen...that the step parent can fight for custody
    Dabugg698

    Answer by Dabugg698 at 2:03 PM on Oct. 7, 2008

  • There would be a custody hearing with a judge if more than one party wanted custody. Unless your DH has adopted your child, all his parental rights and responsibilities to your child die with you. Make a will stating your preference on custody and WHY you feel that way. The why part becomes very important if it goes to court. Your preferences will not matter much if DH does not adopt her, he'll have no legal claim.
    riotgrrl

    Answer by riotgrrl at 2:23 PM on Oct. 7, 2008

  • Like the other people said above,Step father will have to adopted your child,,bio-dad or some family would get her,My grandaughters bio-dad is not in her life,I told my daughter that if she dies me or her sister would have to raise her daughter
    louise2

    Answer by louise2 at 3:27 PM on Oct. 7, 2008

  • It depends. Our BM didn't fully give up rights and hubby has joint w/ BM father but, I (stepmom) am the sole caretaker of the child. I would get custody after a court fight because Gpa is unfit to care for a child and I have been raising him. It depend on your situation. Put it in a will what you want then what you want will be known should you die.
    matthewscandi

    Answer by matthewscandi at 3:57 PM on Oct. 7, 2008

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