QUESTION
How do I become a legal guardian for a child as a stepparent when there is still one natural parent?
Asked on Jan 10th, 2013 on Child Custody - Colorado
More details to this question:
I am in my second marriage. It is also my husband's second marriage. I have a daughter, he has 2 children. So now we are a blended family of 5. My step-children's mother died, and so has my daughter's father. All 3 children receive social security death benefits. At this time, although we call ourselves step-parents, I don't have any legal rights to my step-children, nor does my husband to my daughter. Is this correct? We considered adopting but then the social security benefits would end. Is this correct? So my question is - is it possible to become a legal guardian for a child as a stepparent, when there is still one natural parent? The bottom-line is I'd like my husband and I to be able to take care of legal things, like passports and any emergency health issues if it occurred, without having to adopt.
3 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You could do a guardianship, instead of an adoption.
Answered on Jan 14th, 2013 at 3:47 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
It sounds as though what you both need to prepare is a will or trust in which you name your spouse as guardian. In the event either of you pass, then you would be the guardian.
Answered on Jan 14th, 2013 at 3:47 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
The simple solution is for each of you to execute a power of attorney & delegation of parental authority to the other. In Colorado this will need to be renewed annually. Strictly speaking there is no basis or need for a third party to become a legal guardian of a child because that would normally "replace" the natural guardian (i.e. the parent). You might be able to get a court to appoint each of you as a "contingent" guardian or a "co-guardian" but the cost of two separate court cases might not be worth the effort.
Answered on Jan 14th, 2013 at 3:43 PM