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in case of a death or illness, what happens?

starfish1012's picture

:?

so what happens if my DH gets sick or god forbid dies?

i read that i cant adopt my SS5 because the BM is still living and my only other option would be to apply for guardianship (which apparently is uncommon), but the BM is required to sign off on that--which she would never do.

i've been raising this child now longer than she did and it seems crazy to me that if my DH died, he would just be removed from my care like it's the logical thing to do!

is there any way to prevent this? what can i do to gain legal standing?

Halgsmom's picture

It is called de Facto parent. You are his primary custodian and have been longer than his Mother. THAT should and probably would hold up in court.

I plan to fight tooth and nail to keep physical custody of my stepkids if my Husband were to die. BM lost custody due to neglect and abuse. She doesn't deserve to have them just because DH dies. My DH would want them to stay with me and I have been in their lives since they were 5 and 1. They are now almost 13 and almost 9. They live with DH and I. AND I have two kids with DH. I think it would be traumatic for all of my kids (step or otherwise) to lose their Dad and then each other too.

I would fight.

12yrstepmonster's picture

Have you asked a lawyer? And if BM isn't involved cant you still adopt?

My sdad adopted his daughter- her bio father was alive. They didn't know where he was and had to try to contact him by putting ads in the paper.

starfish1012's picture

well she is involved now. SS5 was removed for neglect and endangerment so she has no custody anymore, but gets weekly visitation.