if both parents die, does stepmon raise child?

Answer 1

It depends on who the parents chose as their child's gaurdian in case of death.

It could be the stepmom or an aunt or a friend.

Answer 2

If you live in the US...

Regarding a will--a person cannot actually ‘will’ their child. They can state who they wish to have custody and the court will try to abide by their wishes if possible, but the court is not required to abide by their wishes.

Stepparents have no automatic legal rights in this situation. Next in line for custody would be the grandparents. The stepparent can petition for custody, but there is a good chance they will not win (unless no other blood relative wants custody).

I actually know a family that went through this a few years ago. Two kids, Dad died when the kids were very young (one didn’t even remember him), Mom remarried, had been remarried over a decade, the kids loved their stepdad, Mom died in a car wreck. Grandma (who lived in another state) wanted custody. The kids wanted to stay with stepdad. But the court awarded custody to Grandma. And this is pretty much how it would work in any state.

However, if stepdad had adopted the children, then he would have automatically received custody (and he was kicking himself for never doing it).

Answer 3

depends on the age of the child, older (adult) siblings, and the amount of time the step parent has been involved with the child.
For instance, my sister's husband has been a 'father' to my niece since she was 2. (she is now 32, but lets say she is not an adult and only 12 years old). It would make perfect sense for her step dad to continue to raise her.
I have been a step mother to my daughter for only 2 years. While I would be more than happy to raise her, her comfort level might be higher with her maternal grandmother with visits from me.
A will that specifies legal guardianship is crucial to the well being of any child.

Answer 4

It depends on what the parents have set up in their wills. If the parents have no will then the children will most likely go to the closest living relative, ie. grandparents, aunts/uncles....if the stepmom has a good relationship with the rest of the family (not only the father's family, but the mother's as well) then they may make arrangements for the children to stay with her. Problem with that is if the step-mother remarries the children will not be living with anyone related to them in anyway. It's really up to the children's family and what they and the courts believe will be the best environment for the children.

Answer 5

Depends On Your Legal Will...
Does The Child Have God-Parents???

Answer 6

Whoever is in the written will. If not the child will be thrown in some crappy foster home.

Thats why it is so important to get a will written incase of somthing like that.

Besides if you try to fight it, if there was not a will, there would be more a chance of a grand parent. A step mother is not blood related to the child.

Answer 7

It depends on if there is a living trust and the step mom is named as the guardian. Otherwise the kids would more than likely go to the next blood relative - unless the step mom wants to fight for them.

Answer 8

no actually it the child will go to the next of ken. Like grandparent or uncle or aunts. unless there is a will that says both parents argee to have the child go to the step mother

Answer 9

if the step mom is named as guardian. Otherwise a living blood relative could make a claim for the child.

Answer 10

That would probably depend on the situation. The grandparents would probably be the first choice there, or a sibling of one of the parents.