Legal Question in Family Law in New York

Legal rights of stepparent

What are the legal rights of a stepmother when the biological mother is deceased? I am marrying a widower with two children, ages 14 and 17. Am I automatically a guardian or do I need to adopt the children? Do I need to file anything somewhere, or is getting married sufficient?


Asked on 8/03/05, 12:58 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Legal rights of stepparent

A stepparent is not a legal category. Absent adoption, a stepparent has no legal rights nor responsibilities towards her step children other than those rights and responsiblities such an individual would have with respect to any other non-related individual.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/03/05, 1:08 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Legal rights of stepparent

While not a 'legal guardian', you do have the duty to act with care. When you take on parental duties such a picking up the kids from school, you must behave as if you are a parent.

On the other hand, these responsibilities do not come with any special rights.

Adoption is an option. As is your husband making you a guardian. You are welcome to a consultation for no fee.

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Answered on 8/03/05, 1:41 pm


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