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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.
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.
Do step parents stop being step parents after the death of the parent?
Step parent is not a legal definition and they have no legal right to the child so yes, you could say it that. When the biological parent gone there can be emotional ties etc and there have been cases where the step parent do get custody over the other biological parent because they have a long and steady bond with the child. The court will look into what is best for the child.
What are the legal ramifications of a step parent signing legal documents for a minor?
You haven't explained what documents you refer to. Generally, the documents aren't binding since the step-parent has no legal authority to sign for the child. Also, it may constitute fraud since the step parent knows they do not have legal authority and they went ahead and signed as the parent. BY signing they may place the other party in jeopardy if the other party doesn't know they have no legal authority. They may be sued by the parent if they placed the child in a situation the parent did not approve.You haven't explained what documents you refer to. Generally, the documents aren't binding since the step-parent has no legal authority to sign for the child. Also, it may constitute fraud since the step parent knows they do not have legal authority and they went ahead and signed as the parent. BY signing they may place the other party in jeopardy if the other party doesn't know they have no legal authority. They may be sued by the parent if they placed the child in a situation the parent did not approve.You haven't explained what documents you refer to. Generally, the documents aren't binding since the step-parent has no legal authority to sign for the child. Also, it may constitute fraud since the step parent knows they do not have legal authority and they went ahead and signed as the parent. BY signing they may place the other party in jeopardy if the other party doesn't know they have no legal authority. They may be sued by the parent if they placed the child in a situation the parent did not approve.You haven't explained what documents you refer to. Generally, the documents aren't binding since the step-parent has no legal authority to sign for the child. Also, it may constitute fraud since the step parent knows they do not have legal authority and they went ahead and signed as the parent. BY signing they may place the other party in jeopardy if the other party doesn't know they have no legal authority. They may be sued by the parent if they placed the child in a situation the parent did not approve.
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
Is a step brother legally considered a sibling?
Yes. That is also what makes it legal for the step-parent to carry the step-child on their health insurance.
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.
Can a step mom get full custody of the kids?
You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.
Is a step parent consider 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.
Can a step parent take custody of a step child if the spouse dies and the real parent whereabouts are unknown?
yes, if the step parent name is assigned to the child.
As a step parent do you have rights to an unadopted child?
No as a step parent you have no right to your partners child unless you adopt them.
Do stepdads have rights?
The simple answer is no. Perhaps a better question is "Do stepfathers have a legal responsibility to stepchildren?" Those 2 issues are inter-connected. One cannot have 'rights' without responsibilities. Perhaps a stepfather who is separating from the Bio mother and wants contact might argue years of meeting his 'responsibilities' Perhaps the Family Court will take this into account in unusual cases. More than likely where the bio dad is no longer present. In general though, Stepfathers DO NOT have LEGAL responsibilities to the stepkids - so in turn NO LEGAL RIGHTS either. If you want to discuss these issues further feel free to visit my stepfamily forum http://stepfamily.madmooseforum.com
