IAAL, BCB, someone with some guidance

[skyy]

What is the name of your state? DE

Does anyone know of any cases (or can point me in the right direction) of stepparents getting guardianship?

I don't need it permanently. My husband is still overseas, and biomom has neglected my stepdaughter emotionally, physically, medically and educationally and is just not taking care of her. The great-grandmother is petitioning for guardianship, so now I have to cross-file(?). I have no problem with my stepdaughter spending time with the great-grandmother (like part of summer vacation because she's always been there). But my husband wants me to watch his daughter until he gets here to fight for himself.

She's had problems with my husband rearing his daughter, helped keep my stepdaughter from me and her only siblings, can't control her, wouldn't even offer me the biomom's phone number so I could 3-way my husband to his daughter when he called and has protected/lied for the biomom when she's done things she shouldn't.

Is there some positive case about a stepparent getting guardianship that can help me with my soap opera drama?

 

[skyy]

bump

 

[montboss]

bump... i'd like to know an answer to this also...

 

[Boxcarbill]

What is the name of your state? DE

Does anyone know of any cases (or can point me in the right direction) of stepparents getting guardianship?

I don't need it permanently. My husband is still overseas, and biomom has neglected my stepdaughter emotionally, physically, medically and educationally and is just not taking care of her. The great-grandmother is petitioning for guardianship, so now I have to cross-file(?). I have no problem with my stepdaughter spending time with the great-grandmother (like part of summer vacation because she's always been there). But my husband wants me to watch his daughter until he gets here to fight for himself.

She's had problems with my husband rearing his daughter, helped keep my stepdaughter from me and her only siblings, can't control her, wouldn't even offer me the biomom's phone number so I could 3-way my husband to his daughter when he called and has protected/lied for the biomom when she's done things she shouldn't.

Is there some positive case about a stepparent getting guardianship that can help me with my soap opera drama?

I don't know that this helps you because I don't know the facts of your situation but a stepparent can get custody in DE under certain circumstances.

§ 733. Stepparent custody in certain circumstances.

Notwithstanding that there is a surviving natural parent, upon the death or disability of the custodial or primary placement parent, the Court, at the request of the stepparent shall continue the placement of the child(ren) with the stepparent pending a hearing on the merits, provided the child(ren) has resided with the stepparent immediately prior to the death or disability of the custodial or primary placement parent. Where the child(ren) has so resided with the stepparent the Court shall apply the provisions of § 722 of this title and may grant permanent custody or primary physical placement to the stepparent. If the Court grants custody or primary placement of the child(ren) to the stepparent, the stepparent shall have all of the rights and obligations of a parent until such time as the parent no longer has custody or primary placement of the child(ren).


(70 Del. Laws, c. 146, § 1; 70 Del. Laws, c. 186, § 1.)


The Soldiers & Sailors Civil Relief Act (SSCRA) may offer your husband a delay of the civil action until he can return. You would need to consult with a lawyer regarding the wisest approach.

 

[skyy]

Thanks for answering

I don't think I can use either. Biomom's not dead - just dumb as a doorknob. If neither one of us takes guardianship, biomom may get more stupid (Sorry, I should have attached this to "stepdaughter in trouble"). She recently kept this child from kindergarten about a week just because.

I'm afraid if I don't do anything now, it will affect my husband later saying that stepmom doesn't care. I don't want the great-grandmother to use this to try to keep my stepdaughter from my husband and our family or use this to try to get custody later. I hate the idea that my husband would have to get permission from her to visit his child. Plus, she's also had a difficult time standing up to biomom all this time.

1. Would it help to get an affidavit stating he wants me to have guardianship?
2. In regards to stepparents getting guardianship, I meant in ANY state. I need all the resources/help I can get.