Legal Guardians Rights?

[njpca]

What is the name of your state (only U.S. law)? CA

My wife became a legal guardian for two children during our marriage. I did not sign any paperwork to be included as one. My wife never took my last name and the children took her last name when she became one.

If we divorce, does she have a right to receive child support or spousal support to help take care of them from me?

The children are from her side of the family and no relation to me otherwise. My wife and I have been married for close to two years. My wife does not work.

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA

My wife became a legal guardian for two children during our marriage. I did not sign any paperwork to be included as one. My wife never took my last name and the children took her last name when she became one.

If we divorce, does she have a right to receive child support or spousal support to help take care of them from me?

The children are from her side of the family and no relation to me otherwise. My wife and I have been married for close to two years. My wife does not work.

The PARENTS would have to support these children.

 

[Banned_Princess]

Who gave permission to change these childrens names to the legal guardian's??????. (one step higher then a long term babysitter w/ poa)

 

[njpca]

Who gave permission to change these childrens names to the legal guardian's??????. (one step higher then a long term babysitter w/ poa)

The children have the same mother but they have different fathers.

One of the fathers has some visitation rights, but does not want full custody. He does not pay the required child support. That child has a combo hyphenated last name of my wife's and the fathers.

There is no information on the father of the other child and nobody is aware who the father is.

The biological mother has been MIA now for about 2yrs so it was declared abandonment by the court.

 

[Banned_Princess]

The children have the same mother but they have different fathers.

One of the fathers has some visitation rights, but does not want full custody. He does not pay the required child support. That child has a combo hyphenated last name of my wife's and the fathers.

There is no information on the father of the other child and nobody is aware who the father is.

The biological mother has been MIA now for about 2yrs so it was declared abandonment by the court.

ok, but who said it was OK to change their name from whatever it was to your wifes. ???????

that is a serious change. usually needs to be ordered by the court.

not something usually changes on the whim, to a guardians' at that.

 

[Banned_Princess]

The children have the same mother but they have different fathers.

One of the fathers has some visitation rights, but does not want full custody. He does not pay the required child support. That child has a combo hyphenated last name of my wife's and the fathers.

There is no information on the father of the other child and nobody is aware who the father is.

The biological mother has been MIA now for about 2yrs so it was declared abandonment by the court.

I'm sorry, I missed where you said this... so, did the abandonment from the court result in the termination of moms parental rights.

and if this is the case, did your wife adopt the kids? is this what you mean???

 

[njpca]

and if this is the case, did your wife adopt the kids? is this what you mean???

Yes, as much as I know the court considered this enough of a period to terminate the mother's rights.

I honestly don't know if any of these children are considered adopted. The father is still involved in the older one's life and he didn't give up his rights, so she can't be adopted.

As for the younger one, I have not seen any paperwork and such and my wife talked to me about adoption together, but I never felt comfortable with that. My wife mentioned it was really easy to change the last name, so I just assumed that was allowed in the process of creating guardianship.

Can you be a legal guardian to a child that has both parents out of the picture? Does Social Services eventually check on this if there is no official adoption?

 

[justalayman]

you seem to be quite ignorant concerning two children that lived with you and your wife for a matter of years. Did you not file income taxes where you would have to know the legal relationship with the children?

You really need to go and find out just what the children's relationship to your wife is as well, I would think you as well since you seem to be so uninformed. Who knows what is going on? You really don't appear to.

 

[njpca]

I do know the relationship of these children to my wife. They are her second cousins (the mother being her first cousin on my MIL's side).

They had only been living together with us for about a year. When my wife started all the paperwork, I had only met them once or twice in our entire period of our relationship.

My FIL did our taxes last year for us. My wife doesn't work so we filed jointly. She claimed them as her dependents and got refunds for that. All of the tax money went to her directly.

Was there something that had to be stated in the taxes that makes me a legal guardian or something that was not stated that could cause problems in our taxes?

Like I said, nobody has shown me a piece of paper that I signed to make myself a guardian or an adopted parent. My wife took this whole matter into her own hands.

 

[nextwife]

No, you would not be liable for child support, ESPECIALLY if wife is indeed merely a legal guardian. However, if wife continues to not work, you do run a high risk of being ordered to pay spousal support if you divorce down the road. How old are these kids? Wife chose to add them to your household, perhaps she should contribute toward their support? After all if something happens and you are unable/unwilling to support her and these kids, how would she and they get by? If you do not wish to pay spousal support, wife needs to be a roughly equal earner, and that does not occur by staying out of the workforce.

Technically, the bioparents should be supporting their kids, but their mom did not bother establishing any paternity, and herself is not bothering, so CS prospects are limited.

At this point, the marriage is too short, but should she or you divorce several years from now with this pattern, spousal support could be in play.

 

[njpca]

The younger one is 3 and the older one is 7. My wife won't work because she wants so much other stuff on her plate. She wants to go to school, become a writer, homeschool these children, and take care of them and she gives me a hard time when I suggest she try to earn some money some way. Her dad almost pays for everything outside of our household living expenses for those kids.

I know that spousal could play into this somewhere down the road. I
'm trying to get everything in order now, in case this doesn't work out.

 

[nextwife]

Gee, what if YOU want to go to school, or be a writer, is she willing to subsidize you about if YOU decide to work less or not work? What about what YOU want? This should not ONLY be about what she "wants". In a partnership like a marriage, both parties should have input. Especially if she created a financial commitment of the household and will not help meet that commitment.

Additionally, while she is NOT working, she is not accruing retirement savings, not accruing social security credits, and should she become disabled with few credits, you could end up paying lifetime spousal support. You will NOW be doing most all the supporting and then have zero rights, not even legal guardianship, if you and wife break up.

Her dad has no legal obligation to pay for anything, and can stop paying anytime he wishes.

You are setting yourself up to pay spousal support.