My question involves guardianship in the State of: NC, MI and CA. Here is a little background. My sister has been battling breast cancer for more than a year now and it is just spreading throughout her body now and the doctor gives her less than 6 months to live. Now the hard part. My sister has an 11 year old daughter and the biological father is in jail in Michigan for at least another year. My sister is in California and has been married for just a short time. My sister has a will in which her daughter will be place with me. I just don't know how this will work. None of us want the childs bio dad to be able to have custody when he gets out of jail...so I guess that is my first question. When he gets out of jail will he have fully legal custody of my niece? The second question is... Is there any chance that the new stepfather could have legal guardianship? I am just trying to find out what I am in for when she passes. I don't want to have to fight anyone over this. There is also the paternal grandparents, they are not happy that my sister hasn't chosen them to care for her daughter. I don't think the stepfather will be a problem but I am so scared I will have to turn my niece of to her bio father when he gets out of jail. So in a nut shell I am worried when she passes I may have to fight a stepfather, paternal grandparents and her dad when/if he gets out of prison. If I am in her will to care for her daughter does that protect me? Any advice would be great. By the way I'm not sure if it matters but I am in NC so we are dealing with 3 different states here.