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No. A step parent, or any other adult that does not have custody of a child is NOT a legal guardian unless a court has given this right to the step parent. This usually requires one of the biological parents to give up their rights or to been seen as unfit to be able to carry them out.

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Benny Wuckert

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2y ago

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Related Questions

Can a step parent sign legal documents for a minor?

No. If the document calls for a parent or guardian it must be a parent or guardian. Unless the step parent has adopted the child or otherwise been awarded parental rights by the courts the legal parent must perform all legal functions


Can step mothers obtain a copy of there step kids birth certificates?

If they have been named the legal parent or guardian of their step-child, yes.


When a parent appoints a guardian and he died does custody go back to the parent?

NO. You should visit the court that made the appointment of the guardian, notify it of the death of the legal guardian and inquire about your next step. You should take a copy of the death certificate with you.


Can a step parent sign a marriage certificate for their step child?

Only a guardian or parent can do this.


Is a parent considered a legal guardian?

No. A step parent, or any other adult that does not have custody of a child is NOT a legal guardian unless a court has given this right to the step parent. This usually requires one of the biological parents to give up their rights or to been seen as unfit to be able to carry them out.


Is a step parent a legal gaurdian?

No, a step parent has no legal rights to the child. They can only get that through the court or adoption.


Can a step parent take out a life insurance policy on a child without the knowledge or consent of the biological parent?

This depends on the legal status of the step parent. If they are a legal guardian then I would say that yes they could. I'm sure there must be much more to this story. If you are a stepparent by marriage, you have no legal authority over the child in regards to obtaining life insurance or any other issues regarding the child's welfare. If you have been appointed legal guardian by the court, you have the right to do whatever is in the best interest of the child depending upon the terms of the guardianship.


Do step parents have legal rights to their step kids if the biological parent is unfit to take care of the kids?

Yes and no. If the biological parent is proven unfit to care for they're children then the step parent has the right to APPLY for custody of his/her step children. Keep in mind that being married to the biological parent doesn't automatically make them the parent of the children nor does it make them they're legal guardian so there are no guarantees that the step parent will be given custody. If the children are happy with the step parent and no one in the biological parents family protest the application and the step parent is proven fit to care for the child(ren) then most usually the courts will award the step parent custody.


In Alabama can a child choose to live with a step parent if his legal guardian is living?

The child just cant choose and move out , it is decided at the divorce decree and if it says e can stay with his step parents it is okay


Can you as the step mother become a legal guardian if the biological mother has passed away?

The step-parent has no direct parental rights. The child's custody arrangements would have to be endorsed by family court.


What if the parent is dead and the other parent is no where to be found and only the step parent is around?

The step-parent should petition for custody or legal guardianship.


What are the legal step parent rights in Tennessee?

For a step parent to have parental rights over the step child they would have to adopt.