Decendant Spousal Rights

[ladyday]

CA
What are the rights of guardianship of the decendants spouse if the spouse has not adopted the children (Alameda Co-California)?

 

[Just Blue]

CA
What are the rights of guardianship of the decendants spouse if the spouse has not adopted the children (Alameda Co-California)?

Your post is unclear...Are you asking what right the spouse would have to gain guardianship of minor children? Depending on the circumstances...None.

More info will be needed:

IS the other parent alive? How old are the children? Is there other blood relatives?

 

[ladyday]

I apologize for not revealing more detail. My sister has about 3 months left max (colon cancer metastasized to the lungs). Her husband is not the father to either of the two children at home (16 & 14 yrs old). Their father's live in NY, she is in CA. The catch is the husband also does not live in CA either. Since they have been married (Feb 2007) he never relocated to CA so technically he is a resident of the state of NJ where he resides. My family is attempting to make my sister draw a legal will ASAP but she is under the impression her husband will take care of everything.

If we are not able to legally capture her last wishes in writing while she is still mentally capable what rights will her husband have regarding the children?

Thanks (sorry about all the drama)...

 

[Just Blue]

I apologize for not revealing more detail. My sister has about 3 months left max (colon cancer metastasized to the lungs). Her husband is not the father to either of the two children at home (16 & 14 yrs old). Their father's live in NY, she is in CA. The catch is the husband also does not live in CA either. Since they have been married (Feb 2007) he never relocated to CA so technically he is a resident of the state of NJ where he resides. My family is attempting to make my sister draw a legal will ASAP but she is under the impression her husband will take care of everything.

If we are not able to legally capture her last wishes in writing while she is still mentally capable what rights will her husband have regarding the children?

Thanks (sorry about all the drama)...

You can't "will" children. She could have a standby guardianship put in place but a Judge will determine who the children are placed with...In this case Dad/s would have the only real standing...'cause he/they IS/are the FATHER/s. Her hubby has ZERO standing to obtain guardianship...and really neither do you or any other family members.

 

[LdiJ]

You can't "will" children. She could have a standby guardianship put in place but a Judge will determine who the children are placed with...In this case Dad/s would have the only real standing...'cause he/they IS/are the FATHER/s. Her hubby has ZERO standing to obtain guardianship...and really neither do you or any other family members.

I am going to disagree with that slightly.

The children's fathers would be first in line. If the fathers are legally unfit, or unwilling to take the children, or willing to allow the children to live somewhere else, then grandparents would be second in line, aunts and uncles third, and stepparents at the very bottom of the barrel, assuming that there was no one else available to take the children or assuming that all other parties ahead of the stepparents in line, would be willing to allow the children to live with the stepparent.

In other words, EVERYONE would have to agree to the children living with the stepparent, or the children would have to have no other living family.

I would hate for someone to think that if their child had no other living relatives, that a stepparent would not be able to get custody/guardianship.