My oldest is 5 years old. My husband is his step dad, we live in California. His biological father is a POS and I'm a stickler on us getting a will together. If something should happen to one of us or both of us I want my kids taken care of. We have a 4 month old boy together that I know we'll both agree upon and be able to set something in place, god forbid somehting happen to us. But I am curious if something were to happen to me would my husband have any rights to my oldest ds?
I would imagine being a step father he would, plus his biological father i doubt would put up a fight. My ds's biological dad told me yesterday that "he knows Aaron(my husband) and Mikie (my oldest ds) will always have a bond that he will never have with Mikie and thats just the way it is)....he rarely takes him and if he does my son usually comes home early (which he only gets him for 2 days a week).
Before anyone tries to say why don't you go to court....I did when my son was younger and I got no where, and his child support was $88/month. Unless I can get a lawyer I'm not going to court.
So again my question is what rights to step-dads have if the mother passes away?
Sorry for the depressing subject. Just curious and wasn't sure if any of you women would know.
Thanks in advance!
As a general rule, step parents do not have any legal rights to their step children. However, on a case by case basis with certain conditions enforced and approved by a court, that is not always the case -- but no legal rights is always the default unless the biological parents petition the court for the step parent to have certain rights, usually involving custody and decision making rights. It also usually happens when one of the biological parents is either unable or unwilling to care for the child and would rather the step parent take his or her place. So basically, unless you put anything in writing and have it signed off on by a judge, your husband has no rights whatsoever to your son. He could, however, petition the court for custody using the de facto parent status if your son's biological father did not step up following your death. If granted, that would allow him to have custody and decision making rights, but wouldn't terminate you ex's rights to his son. The only way to terminate his rights would be to have your dh adopt your son. In that case, he would be legally recognized as your son's father and your ex would have no more rights or obligations to your son. He also wouldn't be expected to pay child support as legally speaking, he would no longer have a son.
do u like kissing still?
- MamaCat1121
on Jun. 25, 2012 at 10:37 PM