Raised by grandparents or stepmother/father?

Question

Hypothetically-
Your husband/wife's ex spouse passes away and the child/children are then fully raised for several years with the living spouse and his wife/ husband (who has been in the child's life since infancy). The husband/wife then passes away.

Do the biological grandparents or step-parent(who may or may not have other children) have more rights to raise the child?

Answer 1

In the U.S. many states have given grandparents rights by law. In my state, grandparent rights have been upheld by the state supreme court. Your question can't be answered without more facts which you may not want to disclose here. The answer is that each state, in your situation, will base it's decision on what is in the best interest of the child/children. The court will try to keep the children in contact with their extended families. The court will examine what individuals have had significant contact with the children, who is best suited to care for them and who has cared for them in the past. The inquiry of a court will be strongly focused on what outcome will have the least disruption on the children.

Answer 2

Unfortunately, here in Canada, grandparents do not have ANY rights. It's a shame. Some provinces are working on that, but I believe there is still no real change in the law.

In this case, NEITHER may have rights, unless the child was formally adopted by the step parent. Then they would have the right. The child may even be put into fostercare, although I think in this case the courts would favor the step parent.

If the child wanted to live with the grandparents, they were capable and willing of providing care, and the step parent didn't want to raise the child/couldn't, then I think the courts would consider the grandparents with documentation.

Answer 3

you're to blame for bringing that youngster into the international. purely you have any say in how that youngster is raised. you may tell your loved ones that in the event that they are going to be that way, then this is a shame, yet your duty is to do what you experience is sweet for the solid of your new child. in the event that they are in a position to't comprehend that in spite of their very own ideals, then they're going to ought to save on with their ultimatum and refuse to work out the youngster. forget approximately that component of it. enable them to stay away. proportion the exhilaration of your youngster's delivery at the same time and with the different acquaintances or family contributors you have who are not so unjustly closed minded. Does your youngster's existence should get the type of start up it could have in case you have been interior the direction of a bitter combat over ceremonial regulations with your loved ones? talk making a solid and happy existence for yourselves and loving the adventure. no longer having your loved ones around might harm for a whilst, yet having the adventure of your new child will make that pass away quickly. and that i could be keen to wager that your loved ones won't stay away for long, because of the fact the longer they do and the happier they see you being, the greater they're going to understand their misake and could at last come around. And if no longer, this is unhappy, yet do what's terrific and top for yourselves and your new child.

Answer 4

Sounds kind of like Maya's situation in "Six Feet Under." I always wondered whether or not Brenda legally adopted her -- it was one of the few loose ends at the end of the series.

Answer 5

if the step parent adopted you then you stay with that person. if no adoption then they go to the biological grandparents or other family members.