What are step parent's rights if the biological parent, their spouse, dies?

Depending on in what state you live when you die, your grandparents MAY have a right to file for visitation based on your death. Your husband has no legal rights whatsoever.

The only thing you can do is to have your current husband file for a Standby Guardianship thorugh the courts. That way, if you die, he would immediately be appointed the children's guardian until such time as your ex can take posession.

It's not a solution, just a way not to upset the balance until it needs to be.

EDITED FOR ALL OF YOU

who mentioned a will or separate agreement.

First of all, a will written to include a child's disposition is void on it's face. A will is valid ONLY for property and children are NOT property.

If there is anyting in the will regarding custody or guardianship of a child, the will can and will be invalidated.

Also, a contract / agreement to the disposition of a child is void on it's face as against public policy. Such a contract / agreement can be voided by the state or either party under these circumstances.

I didn't write my answer because i like to watch myself type or because I didn't have 35 years experience in family and children issues both nationally and internationally.

As others have said, There are only TWO ways for the step parent to gain custody.

1. Through an adoption and ONLY if the court terminates the biological parent's rights or the adoption is joined by a simultaneous TPR petition by either the court or the biological parent, or;

2. Through guardianship which gives the guardian the right to petition for custody. In this case, if the guardian (as I said in my post) is of a standby nature, then they stand in line behind anyone who wishes to adopt and is either the biological parent or of familial lineage.

Poster, A will does NOT allow disposition of a child. PERIOD! In any state.

Unless your husband adopts them, he would have to get a lawyer and go to court if you were to pass away while they were still juveniles. The grandparents will have to do the same but I wouldn't recommend using the same lawyer since their rights would fall into a different category.

If you don't have a will, you need to go get one made and talk with the lawyer for advice on this issue. You can always request visitation be given to your husband but I don't think you can bind it on anyone without it going through court after you are gone. One advantage to having it put in the will ~ that speaks for what you wanted if you passed and no one can say otherwise with it in writing and signed by you.

Hopefully you will live a long, healthy life and this won't be an issue. God bless

alot of things would determine this. where is the dad? is he in the picture? do you guys have a custody agreement? if the parental rights were terminated (from the dad), then you can make a living will. if the rights were not, then he would get the kids that he has fathered. period. then, he can let them visit with whomever he wants, or doesnt want. if you have a certain "wish" for them, you and your new husband need to go to an attorney, and make a will. without that, he gets all the say so. hope nothings wrong health wise, that would make you wonder these things...

Stepfather Rights

I wondered the same with my husband and my 7 year old daughter. Her biological father lives in Germany and doesn't have much interest in her day-to-day life. I simply asked him if she could make the decision if something happened to me. He agreed to letting her decide where to live in the event of my death as long as she is given the right to change her mind. I wrote up an agreement to the terms and sent it to him to sign. Then I signed it and stored it with my will.

your husband has no rights, but you could write a will, in the event that that happened requesting that the children go to him or that he could visit them If the father is not involved in the child's life or is a danger to them, you could see about your husband being able to adopt. But if the biological dad protests then it's useless..especially if he is involved in their life, is paying child support and so forth. Now if he had abandoned his children in every way, then the court would be more lenient to adopting them out. The only way he has rights is if they are his children. Your parents would have rights to see their grandchildren, if a problem arises, they may have to take it to court for grandparent rights. I'm not sure about Texas, but here in FL, grandparents can fight for rights to see their grandchilren if their children or children-in-laws are keeping them from their grandchildren

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This all depends on what state you live in and what you want done. Your husband can adopt your step kids. My step father adopted my younger brother. So if anything were to happen to my mother, my little brother would go to me or him before he would ever go to his real father.

you're pretty much out of luck but do two things make your desire known in detail in a will so that if it does go to court at least a court will know what you wanted and why. then seek advice froma lawyer so you dont miss something simple but important that you might need to do in your state. alot of people miss that step.

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