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What rights dose a stepparent have if a natural parent dies? Dose it changes when the child gets older?

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The natural parent refuses to sign over rights ,but doesn't want nothing to do with the child. Just wants to interfere with my husband's life . Hasn't seen the child in 5 months.

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In Canada the natural parent has to let the stepparent a adopt the child. you have to get their say. good luck. My child has only seen his natural father once in 10 yrs and i talked to a lawyer and he said that a father could be out of the child's life for yrs and still have a say
Report (0) (0) | earlier
Check the laws in your state, it may be that if he doesn't see the child or pay support for a certain amount of time he could be considered to have abandoned his child and forfeited his parental rights. Or her/hers.

A stepparent has no legal rights to an unadopted child, not when they get older either. You need a lawyer to see if you can adopt the child. But how can there be interference if she hasn't been around for five months?
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If the natural parent dies then the other natural parent gets custody. If they are un able or unwilling the child will become a ward of the state until such time as the will of the other natural parent is read and the childern will go to who that parent left them too so long as the alive natural parent agrees. The step parent can then appply to adopt them etc. It hard we have been discussing this sin emy brother re married and is having troubles with custody of his son and his wifes son. Its best if u go to court now and get soul custody of ur children
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Writing a will has nothing to do with custody if the birth mother is still alive. You need to file for adoption NOW and site abandonment on the birth mothers part.

She would have to show up for court and contest it (who knows if she'd even show up).

Get an attorney now and start the adoption proceedings.

it would get very ugly if something happened to your husband
Report (0) (0) | earlier
I'm in the same situation, your husband needs to make out a will and contact a lawyer on the custody issue, if she does not see him and has no contact than a lawyer will be able to help with this process.

Unfortunately my son sees his egg donor and we can't get this to end ... she is not a healthy person for him to be around but the courts say she is his mother ...

Check into the laws in your state and good luck!!!
Report (0) (0) | earlier
every state is different, but in some states its considered abandonment if a parent has no contact with child for a certain amount of months. And the state has the right to terminate her parental rights leaving you able to do a step parent adoption. making you the childs legal mother.
Report (0) (0) | earlier
I would think after a biological parents' passing, the child belongs to other blood relatives, but you should definately make your husband to write a will.
Report (0) (0) | earlier
Really up to the child and the courts. I would consult a legal office and look more into it. If you can prove that the parent isn't looking for the child's best interest i'm sure you will have a case. It's good you care about the child. I for one am happy to know there are good people out there who try to give children a better life. I am also sorry for your loss. Take Care and God Bless. Sorry i couldn't be of more help
Report (0) (0) | earlier
I would get an attorney. If you can't legally adopt without the parent's consent, perhaps you can get listed as a legal guardian at least. Has the parent been paying child support? Calling? I am not sure the requirements for fling for termination based on abandonment, but you can check into that as well.
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GET YOU A LAWYER. AND TALK TO THE LAWYER ABOUT WHAT IS GOING ON.AND MAYBE HE CAN HELP GET ALL THIS STRAIGHT OUT. BUT IF IT WAS UP TO ME I WOULD TAKE THIS PERSON TO COURT FOR THE RIGHT TO THE CHILD. IN SOME COURTS STEP PARNETS NOT SOME RIGHTS TOO. PLEASE GET HELP FROM A LAWYER. BEEN THEIR WITH MY FAMILY AND IT ABOUT BROKE UP THE FAMILY,BECAUSE THEIR WERE LIES TOLD ABOUT THE STEP PARENT.THAT WAS NOT TRUE. SO WE FINE HAD TO GET A LAWYER TO GET TO THE TRUS OF ALL OF THIS AND AT THE END THE STEPARENT WON THE RIGHT TO THE CHILD.DO THE NATURAL LEAVE A WILL STATEING THAT THEY WANTING THE STEPARENT TO RAISE THE CHILD. IF NOT SOMETIMES IT IS HARD FOR THE STEPPARENT TO GET ALL THE RIGHTS TO THE CHILD,BUT DON'T GIVE UP PLEASE.IF YOU HAVE RAISED THE CHILD ALL OF THEIR LIVES,THEN YOU HAVE A GOOD CHANGE IN EVERYTHING.
Report (0) (0) | earlier
You have no rights. If your husband dies, the boy returns to his mother. File for stepparent adoption now!
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Im afraid to say, in most cases if the other living parent is alive they have legal rights.  However, your parnter can leave the child to their partner in the will.

If you adopt the child, you have legal rights.   I would suggest explaining how adoption will mean the natural parent no longer has to pay child maintance and see how that tickles thier fancy, right now theyre paying that money for a child they dont want to see.

In my case, I have a new husband. my ex has said that if I were to die, he doestn want custody and hes happy for my new husband to have them (dont tell my kids that, they think their dad is just perfect and I dont have the heart to tell them hes not... but theyll figure that out themselves...)

once the child is 14-16 (depending on where you live)  they do have more rights and can decide where and with whom they want to live, it may go through court etc if the oposing parents fights it though.

Goodluck,
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