Legal guardian to my stepchild?

zoltan35 said:

What is the name of your state? CA
Hi,
I got married overseas (Hungary). My wife has a daughter, and they moved here. The ex gave consent for the daughter to move. So I am a stepfather now, I assume without any legal rights. The natural father keeps in touch every day, he and my stepdaughter have a great relationship. However, my wife and I thought that maybe I should have legal rights <without invalidating the natural father's rights) since he's there and I am here. As a stepfather I think I don't have any legal rights as a parent. Do I need to become a legal guardian, or that happened by marriage and immigration to here? Someone pls give me some insight.
Thanks in advance.

Zoltan

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I AM ALWAYS LIABLE said:

My response:

You won't be able to obtain "legal guardianship" of your step-daughter in California. Guardianship proceedings are brought to authorize a third person's (nonparent's) custody and control of a minor where both parents are dead or missing, or parental custody is detrimental to the child.

IAAL

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zoltan35 said:

Thanks for your response. So I guess legallly I couldn't even get her out of jail if she gets in trouble (thank GOD that's a long time away and hope it'll never happen )

MY RESPONSE: That's correct. You have no more "legal" rights over your step-daughter than I do. Under the law, you and I are both "legal strangers" to your step-daughter.



and if something would ever happen to my wife my stepdaughter would be sent back to her natural father, is this correct?

MY RESPONSE: Not necessarily so. While that's certainly a slim possibility, you may be able to obtain "legal guardianship" in that circumstance because it may not be in your step-daughter's best interests to leave the country. But, a lot of other and different factors will be taken into consideration at that time - - if that time should ever come. For example, if your wife should die five years from now, the court might recognize you as the child's "psychological parent" and order that you should have guardianship during her father's absence. The variables and factors are nearly endless, and would depend heavily upon the actual circumstances of all of the relationships of the people involved at the time of your wife's death.

IAAL

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I AM ALWAYS LIABLE said:

zoltan35 said:

Thanks for your response. So I guess legallly I couldn't even get her out of jail if she gets in trouble (thank GOD that's a long time away and hope it'll never happen )

MY RESPONSE: That's correct. You have no more "legal" rights over your step-daughter than I do. Under the law, you and I are both "legal strangers" to your step-daughter.



and if something would ever happen to my wife my stepdaughter would be sent back to her natural father, is this correct?

MY RESPONSE: Not necessarily so. While that's certainly a slim possibility, you may be able to obtain "legal guardianship" in that circumstance because it may not be in your step-daughter's best interests to leave the country. But, a lot of other and different factors will be taken into consideration at that time - - if that time should ever come. For example, if your wife should die five years from now, the court might recognize you as the child's "psychological parent" and order that you should have guardianship during her father's absence. The variables and factors are nearly endless, and would depend heavily upon the actual circumstances of all of the relationships of the people involved at the time of your wife's death.

IAAL

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Thanks again. one more question: did marriage, the move overseas and the fact that the natural father is not here give me legal custody? is that something that I can act on in case of need?
sorry, I know I don't have my terms straight but I am rather new to parenting and have no clue how this works. All in all the most important factor is that my stepdaugher loves me and accepts me as her stepdaddy, in the same time she knows who her natural father is and doesn't love him any less
Again, thanks for your response

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zoltan35 said:

Thanks again. one more question: did marriage, the move overseas and the fact that the natural father is not here give me legal custody? is that something that I can act on in case of need?

MY RESPONSE: As long as Mom is alive, the above is meaningless under California law. Like I said, you are a "legal stranger" to your step-daughter under California law. If Mom should die, then you can file a "Petition for Guardianship" at that time. The court would weight all of the circumstances at that time, and decide the issue based upon the "best interests" of the child.




sorry, I know I don't have my terms straight but I am rather new to parenting and have no clue how this works.

MY RESPONSE: Try reading some "parenting" books. That way, you won't be completely in the dark, and you'll find out "how this works".



All in all the most important factor is that my stepdaugher loves me and accepts me as her stepdaddy, in the same time she knows who her natural father is and doesn't love him any less
Again, thanks for your response.

MY RESPONSE: Your step-daughter can never have too many people loving her. Keep it up. The love will get stronger and stronger, and hopefully the bonding relationship you both have will blossom. Just make sure that you NEVER allow her father to be forgotten or minimized.

You're welcome.

IAAL

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stealth2 said:

IAAL.... This is a thread that your detractors will never quote, and that's a shame. Some great sentiments in it.

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jenart said:

Texas

I have power of attorney child care and custody on my little sister that's 14 who lives with me. This was done so that I would be able to act as a third person with almost the same authority as her parent This gives me the authority to consent to or withhold consent to medical attention as well as approve field trips, make education descisions etc etc. The only authority that is withheld is the authority to sign for consent to marry or consent to be adopted. Not sure of California Law in this matter though.

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