If my husband was to pass away, who would get custody of his daughter? He has full custody of her and has had full custody since she was almost a year old. I have been with him since she was three months old. She does see me as her mother. Is my husband allowed to choose who his daughter would go to if he would pass away?
2007-01-08 03:40:53 · 14 answers · asked by Aumatra 4 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
My step daughter is 4. Her father received custody due to the fact that her mother was leaving her unsupervised while she was on a heart monitor because she was a preemie. Since then her mother has made no real effort to improve her life. She jumps around from boyfriend to boyfriend. She basically uses the boyfriend's as a place to stay. When she isn't with a boyfriend she is homeless. She usually is jobless. If she does have a job, she doesn't hold it for long. She also has supervised visits.
2007-01-08 03:51:55 · update #1
Likely custody would go to the biological mother, but certainly your husband can make his wishes known in his will.
Make sure you start establishing and documenting history now, of what contact the girl has with her mother. Document dates, times, length, frequency and quality of visits etc as well as the effect of such contact on the child emotionally. It would be a good idea to have her assessed by a qualified psychologist after any particularly negative visits as well.
All of this will assist you in the future if this should become an issue. You would likely have to go to court to gain full custody.
2007-01-08 06:10:46 · answer #1 · answered by LindaLou 7 · 0⤊ 0⤋
To secure the future you should look into adopting your step-daughter now before your husband passes away or is so ill that he is not capable of signing proper forms to get this accomplished. Where is the biological mother? She will most likely have to sign forms as well and relinquish all parental rights. The best person to ask for guidance on this would be an Attorney. I do know enough though, that if your husband passes away. Legal blood relatives of your step-daughters family can step in and claim the child and would have a good chance of winning in court. So talk this over with your husband and seek an Attorney for proper advice. Don't go into something this serious misinformed. I wish all 3 of you the best of luck.
2007-01-08 03:49:02 · answer #2 · answered by Vida 6 · 1⤊ 0⤋
I suggest your husband writes his will and grant you full custody of the child. However, if the bio.mother wants custody she may fight you in court. How old is the child? If the child was taken away due to abuse or neglect then I highly doubt the mother would have any chances of getting custody. I would speak with a lawyer on this topic because each state's laws varies. Good luck.
2007-01-08 03:43:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I believe that if your husband would pass away that the mother of the child would get custody. Unless, your husband would fill out some kind of paperwork and have the mother stating that she would give you custody I don't see how else you would be granted custody.
2007-01-08 03:43:59 · answer #4 · answered by Anonymous · 1⤊ 0⤋
for such a lengthy experience living with you and getting to know life under your care a good hearted judge would see that moving the child with the mother despite her heretical connection would upset the child, but yes in fact he can devise a will that will ensure you guardianship. of course like most legal matters this will depend upon whether or not the topic is disputed by the other party (in this case her bio mother) and if you have proper legal representation. he can't just pass away and no one take notice she is still with you, you will have to do a little battling for your baby
2007-01-08 03:52:33 · answer #5 · answered by brandylyn_kay 3 · 0⤊ 0⤋
Depend's on how old the daughter is, and that if your husband did pass away, (god forbid it) Then I guess that by law they will see who is the better parent You, the step mother or the Real Mother of her's. But as you said that You were with her from the age of 3 months (of her's) then Your chance's are more because you were taking care of her more.
Though, it all depend's on the age of the Child and the way you behave with her.
Best of luck in your life. and God bless.
2007-01-08 03:44:58 · answer #6 · answered by alice_nobleandkind 2 · 0⤊ 0⤋
The mother will get custody of the child unless you can get her to terminate her parental rights. If she doesn't want the child the baby will go to the next relative...possibly grandparents. You have not parental rights over the child, I'm sorry,
2007-01-08 03:43:31 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I tell you to try to get the childs mother to allow you to adopt the child so that you can keep her with you should the worst happen.The courts would give her to the mother even if it isnt in the best interest of the child. I'd get a lawyer and see if you can get her to give up her parental rights.
2007-01-08 05:09:10 · answer #8 · answered by elaeblue 7 · 0⤊ 0⤋
How old is the girl now? do the mother ever see the girl ? If not why dont you adopt the girl? There is always a will as well your husband may draft.
2007-01-08 03:50:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Well it depends on the age of the child. If the child is 18 years old or over, it's her decsion, but if she still is a minor, it depends on your husband's will. Both of you should have your wills done. It is wise to have your own separte wilsl, because most parents don't die together as we see in tv.
2007-01-08 03:45:53 · answer #10 · answered by princesscutesmile 5 · 0⤊ 0⤋