I am currently writing a book about a boy with two (gay) dads, but his biological mother has custodial rights. I was wondering if there was a way for his dad's partner to obtain guardianship of the boy in the case of his biological father's death, or if his mother would be the automatic caretaker of him.
1 Answer from Attorneys
Unless she has already been adjudged unfit, the mother would retain custody of the child. His father's boyfriend would be behind all four grandparents, aunts and uncles.