I have two birth children and their father is really involved in their lives. My DH has one son that is bio and on that is under tech terms his foster son (he is the brother to his bio son) Their mom isn't involved at all and her rights were severed when the youngest was 6mo. DH is out of town frequently and it got me thinking that if something were to happen while he is gone either to him or one of the boys I'm SCRUED. This last week DH was gone all week and I had two graveyard shifts I couldn't get out of. My Ex ended up staying at our house and when he asked if something were to happen what were the protocals and such. Then it hit me, if the boys were to get hurt I could probably be able to sign for the youngest since he shares my last name but the elder I wouldn't be able to b/c he has his biofathers last name. Is there any legal forms or steps other than adoption that can be filled to give me this legal right if something were to happen, and not just for the boys. My daughters have their dads last name and even though DH would have no problem getting their dad if i wasn't available sometimes he isn't always in town either. Dh had already started the adoption process on the eldest but its been delayed for 6mo because the money orders that BM's mom sent (she agreed to pay half the cost of the adoption) were not cashed in time by the lawer so now she is in a whole court battle with the lawer over that. The adoption process has to be re-started when this is over because it's already been over a year and there were limits on that. Would I have to do a full adoption or can I just get custodial rights. Neither DH or I want to take my exs rights so adoption would be an issue on that side.