step mom interested in being legal guardian just in case...

[angieshue]

What is the name of your state? MO.

I am a step mother of two children whom my husband has sole legal and physical custody of, whose mom is in jail for perhaps the next 4 years. She has been arrested many times for DWI's and lost her custody rights 2 1/2 years ago, but if something were to happen to my husband, where would these kids go? I have no legal guardianship or any rights to them AT ALL. Would they go to foster homes if Mom is in prison? I have voiced these concerns to my husband recently, and wonder what the outcome might be for them, as FOSTER HOMES are not my idea of the ideal solution. Any suggestions?

 

[BelizeBreeze]

What is the name of your state? MO.

I am a step mother of two children whom my husband has sole legal and physical custody of, whose mom is in jail for perhaps the next 4 years. She has been arrested many times for DWI's and lost her custody rights 2 1/2 years ago, but if something were to happen to my husband, where would these kids go?

To the mother or his parents or hers.

I have no legal guardianship or any rights to them AT ALL.

And that's because you don't have any rights under law. NO stepparent does.

Would they go to foster homes if Mom is in prison? I have voiced these concerns to my husband recently, and wonder what the outcome might be for them, as FOSTER HOMES are not my idea of the ideal solution. Any suggestions?

the ONLY suggestion is to have a standby guardianship agreement put into effect in case of your hubbie's demise.

HOWEVER, even such an agreement won't supercede the parent(s) and grandparents rights once dad dies.

 

[angieshue]

Mo. Thanks for advise. Her parents are deceased, and the other grandparents (my husbands parents) are very elderly. Didn't know if that would come to play in this or not. They are also in another state, but with them, at least I know the kids would be safe, even if short term. I wouldn't want them to go to foster care.

 

[westcoastdaddy]

stepparents get the short end of the stick

" i wouldnt want them to go to foster care" if something were to happen to dad, you would have no say in what happens to the kids. mom, her family and his family have rights to custody, you and your family do not. thats the way it is with stepparents, the law says they have no legal rights to their stepchildren, and untill the law is changed, stepparents are out of luck.

 

[Zephyr]

" i wouldnt want them to go to foster care" if something were to happen to dad, you would have no say in what happens to the kids. mom, her family and his family have rights to custody, you and your family do not. thats the way it is with stepparents, the law says they have no legal rights to their stepchildren, and untill the law is changed, stepparents are out of luck.

kelly it's not going to work with this name either