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How Do Stepparents Become Legal Guardians

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  • 02-27-2018, 05:23 PM
    KatFrank
    How Do Stepparents Become Legal Guardians
    My question involves a child custody case from the State of: CA
    I have a 6 y/o step-daughter who lives fulltime with my husband and I. My daughter's biological mother passed away. My question is how do I become a legal guardian? I ask because I take her to doctor appointments and as I was scheduling her a dentist appointment and was told I had to have my husband there to give consent for me to take her. I have yet to run into this issue so any guidance is appreciated. Who would be able to make decisions if they were both hurt and my husband wasn't to?
  • 02-27-2018, 06:25 PM
    Dogmatique
    Re: How Do Step Parents Become Legal Guardians
    Perhaps a stepparent adoption might be something you and your husband could consider?
  • 02-28-2018, 06:03 AM
    Mr. Knowitall
    Re: How Do Stepparents Become Legal Guardians
    For most purposes, where your spouse's informing the provider that you are authorized is not sufficient, a power of attorney would likely suffice.

    Beyond that, realistically speaking and as Dogmatique suggests, you should be thinking about stepparent adoption.
  • 02-28-2018, 01:20 PM
    llworking
    Re: How Do Stepparents Become Legal Guardians
    Quote:

    Quoting Mr. Knowitall
    View Post
    For most purposes, where your spouse's informing the provider that you are authorized is not sufficient, a power of attorney would likely suffice.

    Beyond that, realistically speaking and as Dogmatique suggests, you should be thinking about stepparent adoption.

    I agree with this advice however I will add that a stepparent adoption would permanently and legally make the child your own child. Should you and your husband divorce, and he get custody, you would be liable to pay child support. Its important that such a decision not be made lightly. Once its done it cannot be undone.
  • 02-28-2018, 02:14 PM
    qwaspolk69
    Re: How Do Stepparents Become Legal Guardians
    Quote:

    Quoting llworking
    View Post
    I agree with this advice however I will add that a stepparent adoption would permanently and legally make the child your own child. Should you and your husband divorce, and he get custody, you would be liable to pay child support. Its important that such a decision not be made lightly. Once its done it cannot be undone.

    Who is to say she couldn't get custody if they did divorce after she adopted? She'd be the legal mother and have just as much right to custody if that ever happened.
  • 02-28-2018, 02:25 PM
    llworking
    Re: How Do Stepparents Become Legal Guardians
    Quote:

    Quoting qwaspolk69
    View Post
    Who is to say she couldn't get custody if they did divorce after she adopted? She'd be the legal mother and have just as much right to custody if that ever happened.

    That is true, which is an issue that the father of this child needs to contemplate and be willing to accept. However, the dad is not here. Only the stepmom is here therefore I am addressing possible concerns from her point of view.
  • 02-28-2018, 02:38 PM
    Mercy&Grace
    Re: How Do Stepparents Become Legal Guardians
    If she is interested in step-parent adoption. Why did she not ask about it? It sounds like she only needs to be able to make medical decisions when the child's father cannot be there. Adoption is a serious step for everyone. It is also possible the child is receiving Survivors Benefits.
  • 02-28-2018, 05:30 PM
    llworking
    Re: How Do Stepparents Become Legal Guardians
    Quote:

    Quoting Mercy&Grace
    View Post
    If she is interested in step-parent adoption. Why did she not ask about it? It sounds like she only needs to be able to make medical decisions when the child's father cannot be there. Adoption is a serious step for everyone. It is also possible the child is receiving Survivors Benefits.

    Stepparent adoptions do not cause SS survivor's benefits to stop. However yes, I agree that a POA is probably more than sufficient to allow her to make medical decisions on behalf of dad.
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