Mom has health probs.. I'm only 15, nearly 16... if she dies, I don't want to stay with my step dad.. :( and I don't want to live with a family member... there are 2 people a little ways away from my home that I consider family.. they are unable to have kids.. they both have jobs and a home.. I call them Mommy Jess and Daddy Nathan.. I would much rather prefer living with them to keep my happiness in check and other issues taken care of.. I have't talked to mom about this yet.. or the 2 I want to stay with.. Im sending them a letter in the mail soon... Do you think the judge would understand my situation? Or would he send me to a foster home?? :( or other relative, even if it meant I wouldn't be happy for the remainder of the time..

Thank you
Lacy

Where is your biological dad? He would be the one you go to, unless your stepdad adopted you.

You would have to have your mom put in her will that she wanted these two to be your guardians. However, if your bio dad or stepdad fought it they would probably win.

As noted already, unless your bio dad gave up his rights, he has the legal right to custody of you if your mom would die. IF he did not want you, the court would look for family members or friends of family to be foster parents for you. This needs to be arranged by your mom and bio dad( unless he has given up his rights) prio to your moms death.

What about your bio father? Where does he fit in to all of this? That would be a key factor. Has your mother made a will? Did she stipulate any provision for your care in the event of her decease? Assuming that your bio father is unable to assume your care, for whatever reason, then any stipulation your mother may have made in her will for your guardianship should stand in court. If she hasn't made any such stipulation, then she should do so now and name Mommy Jess and Daddy Nathan as your guardians. If she fails to do so before she dies, then Jess and Nathan would have to petition the court to be awarded custody of you. At that time, then you can make your wishes known as well. Assuming that they are found to be fit parents and everybody's in agreement, then it should be a done deal. I'm sure that a judge would prefer that as opposed to burdening an already overworked foster system with yet another case.