I also HIGHLY recommend that step mother consult an attorney, as having an attorney to refer folks to helps keep step mother out of the middle. So long as step mother is doing the same, the court system will eventually sort out what is in the child's best interests. will tell bio mom that she needs to work through the court system to get a court order. If dad passes and bio mom shows up, and child refuses to go with her, no one is going to force the child to go. And almost nothing is "automatic" with custody. A guardianship NOW, while father is living, gives step mother legal footing. These facts are grounds for guardianship, and will do unless and until father passes and then the estate plan kicks in. Barring that estate plan, or even just as a safety precaution, I HIGHLY recommend that the step mother seek an immediately temporary guardianship of the child based on the father's incapacity and the mother's absence. A childs parents can name a guardian in a will to ensure their minor child has a guardian if they die prematurely. There may still be a custody battle, but at least the step mother has legal footing. If the father's estate plan deals with this issue, the step mother takes on his legal authority upon his passing. It is possible to name a person as a permanent guardian for the children in the last will and testament and elaborate on the. The step mother, unfortunately, has NO legal rights unless the father has named her as the child's guardian in his estate planning documents in the event of his passing. A Guardianship Letter in Case of Death is a legal document prepared by the parents or legal guardians of the children who want to choose a guardian for their children if they pass away before the children reach adulthood.
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