Guardianship of Deceased Sister's Daughter

**amy.1977** · 02-18-2009, 05:43 AM

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.
Thankyou!

**Baystategirl** · 02-18-2009, 06:28 AM

First off I would like to express my deepest sympathies to you and your family....

You can't will a child. She is not property to be left to a relative. Your sister can make arrangements for standby guardianship and express her WISHES in her will as to her child's placement. When the father get out of prison he will have the RIGHT to get his child. He is the father. Unless his prison stay involved violence/crime against this child he will, most likely, be awarded custody. The paternal GP's have the same standing as you do for custody.

I would suggest that your sister consult with a attorney to find the best solution to this problem.

**amy.1977** · 02-18-2009, 12:00 PM

Hi,
Thank you so much for the answer, that is what I figured...as sad as it may be. He does have a violent crime but in no way against my niece. What about the step dad, does he have any rights with my niece? It is tough talking to my sister about this as you can imagine because we have to plan for something nobody has to plan for. Just getting her going on the will was very hard for my mom I think a lawyer is out at this point. Now as far as the step dad does he have any legal guarianship when she passes?
Thanks so much for the help

**Baystategirl** · 02-18-2009, 12:07 PM

Quoting amy.1977

Hi,
Thank you so much for the answer, that is what I figured...as sad as it may be. He does have a violent crime but in no way against my niece. What about the step dad, does he have any rights with my niece? It is tough talking to my sister about this as you can imagine because we have to plan for something nobody has to plan for. Just getting her going on the will was very hard for my mom I think a lawyer is out at this point. Now as far as the step dad does he have any legal guarianship when she passes?
Thanks so much for the help

No. But for the sake of her daughter someone will really need to force her to address this issue.