If you die without a will, stepchildren usually do not inherit. However, stepchildren are beginning to receive very limited inheritance taxes, with the amendment to California Estate Code Section 6454 as an example. This law now states that if there is clear and convincing evidence that the child would have been adopted, but for the legal obstacle that existed when he was a minority and his step-parent was alive, the stepson can inherit the estate of the step-parent. This is a big step, and most courts are very conservative in granting this status, reserving it if the other biological parent is dead, neglected or disabled and unable to care for the child. In addition, some States require that the child also consent to adoption if he or she is over a certain age. Guardianship relationships also differ from step-parent adoption in that they generally last only until the child reaches the age of majority or when a court determines that guardianship is no longer necessary or in the best interests of the child. Even in cases where the step-parent has the right to apply for custody or access, there is no guarantee that the court will grant the application. Most courts only consider the step-parent`s application if the child is over a certain age, usually 12 or 13 years of age. In addition, the step-parent must prove that they played a significant role in the child`s life and that it would be in the best interests of the child for the relationship to continue. Laws regarding custody and access after divorce vary from state to state. In Troxel v.
Granville, the U.S. Supreme Court, upheld parents` rights to the care, custody and control of their children, meaning parents have the right to decide who has access to their children. This gives the in-laws very little remedy. In-laws can also apply to become temporary guardians of their stepchildren if a legal parent has a medical emergency or travels outside the country for an extended period of time. In the legal world, guardianship of a child refers to a person who cares for a child who is not the child`s biological parent. It therefore appears that a step-parent meets the definition of a guardian. If a child has reached a certain age, some states require the child`s consent to adoption by his or her step-parent for the petition to be accepted by the court. The age at which this is required can vary greatly from state to state, so parents should ask a family attorney about their area`s adoption laws. As a step-parent, you do not automatically have legal parental responsibility for your stepson.
This means that you do not legally authorize medical care, do not apply for passports, do not sign school forms, etc. Generally, when Mr. Shapiro assists a client in obtaining “custody” of a child, the definition of that word is used to refer to that party`s status as a “parent” or grandparent in certain circumstances. On the other hand, the title of “guardian” can be given to almost all family members, including grandparents, aunts and uncles, or even non-relatives if the situation allows. Legally, the term “guardianship” refers to a person`s obligations to care for a child and the best interests of that child, and under New York law, any adult parent, family friend, or representative of a protection agency can apply for guardianship. It is also possible for children over the age of fourteen to file a legal request for another person to be appointed as guardian. As a step-parent, you can get parental responsibility for your stepson through a parenting order or adoption. The court also deals with special circumstances that, if not taken into account, could make life difficult for anyone involved in the situation. You don`t have to include your stepchildren in your will. But if you want to take care of your stepchildren, you need to name them in your will. Once you know the date of the guardianship hearing, you must provide copies to interested parties at least 15 days before the hearing.
Your spouse can also provide the copies or you can hire someone to do it. The party serving the documents must complete a proof of service form. Interested parties have the right to attend the hearing or to submit a consent and waiver form if they are not challenging the guardianship and do not wish to participate.
