Can a step parent ever get custody of me?

If a mother or father remarry, and then die, does the step parent get any custody rights?

  • Answer:

    Sometimes, it gets very complicated and depends on what state you're in and how old you are

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It depends. If the other parent is alive, and they still have their parental rights, generally speaking the child would go to them. If both parents are dead, the step-parent could get custody of the child - it has happened a number of times. It depends on the state's laws (states differ), whether there are any surviving family able to take the child, how long the child has been living with the step-parent, the age of the child (in some states, if they are over a certain age, usually 12 or 13, the child can state where they want to live), etc. There are many variables that go into who would get custody of the child should both parents be deceased. You would have to check your state's laws and/or ask a lawyer for more detailed info.

Sinnerstar

Judges MUST base their decisions, in these cases, on the "best interests of the child", no matter what legal relationships are in place. If there is no adverse reason why the child cannot be reunited with his living parent, then the child would be placed there first. However, if it is in the best interests of the child to remain with the step-parent, the judge will order that. Usually, the length of time a child is with the step-parent (as opposed to the time spent with the non-custodial natural parent) factors heavily in these cases. But if there are no intervening negatives, the natural parent generally bears the responsibility and privilege of caring for him, unless the step-parent actively opposes this arrangement in a court of law. Then the judge decides what arrangement is in the best interests of the child.

leegleze

If your parents divorce and then the one you live with marries someone else and then that one who married dies? In that case you'll go to the other original parent. If he is diseased as well, then you are allowed to choose between another relative, uncle or grandparents or that step-parent.

J.

No ;not unless they adopted the stepchild. But depending on the age of the child, they could have a choice whether to live with the step parent or not. Usually the children will automatically go to the surviving parent.

Tina Marie

There are different laws in each state. A judge in your state will rule on each case because each case is different. Every judge does not rule the same although you can appeal the ruling if you have enough money and are not satisified with the ruling.

ELEPHANT MAN Republicans can

Depends on the age of the child , and the state law's and did the step parent Legally Adopt the child or just took on the responsibility's of the child . Glitter.

glitterriver

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