Results 1 to 8 of 8
  1. #1
    Join Date
    Apr 2011
    Posts
    8

    Default How to Give Guardianship to a Nonparent in the Event of Divorced Parents' Death

    My question involves guardianship in the State of: Arkansas

    I am a step parent. My step daughter's mother is ill and would like to have legal papers saying that if she and my husband were to both die, I would get custody. I am trying to write something up for her to sign, but I am not finding much information on this. Any suggestions on how to word such a document or other things we could do to make this more official, would be appreciated.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,533

    Default Re: Legal Document Est. Guardianship of Child in the Event of Divorced Parents Death

    There's no real way you can do anything which would actually stand up in court; even if your state allows for a "standby guardianship", the court does not have to abide by the wishes of the parents.

    (Though such a "standby guardianship" may be quite influential).
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: How to Give Guardianship to a Nonparent in the Event of Divorced Parents' Death

    Quote Quoting Eagle613
    View Post
    MyMy step daughter's mother is ill and would like to have legal papers saying that if she and my husband were to both die, I would get custody.
    If you're the stepfather, I expect that you're the husband. Do you mean her ex-husband, the child's biological father?

    What's his position?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,533

    Default Re: How to Give Guardianship to a Nonparent in the Event of Divorced Parents' Death

    Step-parent - I'm not sure if OP edited her post before you responded though, Aaron.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Apr 2011
    Posts
    8

    Default Re: How to Give Guardianship to a Nonparent in the Event of Divorced Parents' Death

    I am the step-mother. If there are family members that will likely fight for custody, is there a legal way to let it be known that are not to get custody?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,533

    Default Re: How to Give Guardianship to a Nonparent in the Event of Divorced Parents' Death

    Re-read my earlier post.

    Family members do in fact often have the upper hand in these cases. There is nothing you can write or fill out right now that would guarantee that the family members won't get custody.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Apr 2011
    Posts
    8

    Default Re: How to Give Guardianship to a Nonparent in the Event of Divorced Parents' Death

    Do you have to get a lawyer to do a standby guardianship?

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,533

    Default Re: How to Give Guardianship to a Nonparent in the Event of Divorced Parents' Death

    It's usually best to, yes. Think of it a little like a living will - instead of listing your preferences regarding healthcare, it's going to list preferences regarding who the kids will go to in the event of both parents being deceased or otherwise incapacitated.

    Again though bear in mind that this is not legally binding and the court does not have to abide by the wishes of the parents.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

    1. Sponsored Links
       

Similar Threads

  1. Guardianship: Ensuring That Stepfather Receives Guardianship in the Event of My Death
    By DarcieC in forum Guardianship and Conservatorship
    Replies: 1
    Last Post: 07-12-2011, 11:43 PM
  2. Guardianship: What Legal Steps Do I Need to Take to Assign Guardianship in Event of My Death
    By luvsingin in forum Guardianship and Conservatorship
    Replies: 1
    Last Post: 09-11-2010, 12:40 AM
  3. Child Custody in the Event of Parents Death
    By GR8FUL1 in forum Child Custody and Visitation
    Replies: 2
    Last Post: 09-13-2009, 06:57 PM
  4. Guardianship: Will My Mother's Death Give Me A Possibility of Guardianship
    By AlyshaKay015 in forum Guardianship and Conservatorship
    Replies: 5
    Last Post: 01-20-2008, 02:14 PM
  5. Guardianship: Getting Parents To Give Guardianship to a Friend's Parents
    By trickmama in forum Guardianship and Conservatorship
    Replies: 1
    Last Post: 10-02-2007, 08:42 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Guardianship Forms
Easy to use guardianship forms for every state.




Untitled Document