Can a step mom get full custody of the kids?

Answer 1

You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.

Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.

In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.

One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.

You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.

You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.

Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.

In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.

One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.

You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.

You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.

Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.

In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.

One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.

You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.

You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.

Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.

In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.

One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.

You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.