Step-Child

[DsmithAsmith]

What is the name of your state? California

My husband has sole physical custody of his daughter because her mother abused her. He agreed to Joint legal. In his will he leaves custody of her to me (step mother). I realize this might not have a legal leg to stand on. Living with her mother is not an option, she was sexually abused there . Is there any legal way to make sure that if anything happens to my husband she does not go to her mothers?

 

[tigger22472]

If Mom's rights are terminated and you adopt the child, in the event of his death you will be the sole surviving parent and retain custody.

 

[DsmithAsmith]

Is there any other way? I hold out hope that someday she might come around, I don't want my step-daughter thinking we are trying to completly cut off her mom, we are just trying to protect her from the bad things that happen at her mothers.

 

[tigger22472]

There is no other GUARANTEED way. I mean you can try filing for guardianship but although I'm not completely up on those laws I believe that even takes away some 'rights' for your husband legally. I mean if something happens to Dad as you were told in another thread you can file for custody and yeah, you MIGHT win but there's no absolute.