Legal Question in Family Law in Florida

Legal Rights of Step-parent

I have a step-son..His mother is deceased. If something were to happen to my husband, am I legally allowed to still retain custody and raise him?

Asked on 4/27/05, 8:39 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Legal Rights of Step-parent

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unless you have adopted the child, you do not automatically have any rights to the child if something happened to your husband. You may wish to consider a step parent adoption to make you the legal mother of the child which would give you all the rights of a mother.

Please understand, that it is very likely that you would probably still be awarded custody of the child regardless, but it is not a sure thing. An adoption would remove all doubts you may have.

Scott R. Jay, Esq., 305-249-8000

Read more
Answered on 4/27/05, 10:03 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida