If a sibling should die and want the stepfather to care for her child what rights does the birth father have? The mother has had sole custody of the child with visitation based upon her discretion of when and where and if there would be any visitation. The birth father is unable to support the child, and hasn't paid child support, and has often been out of touch with the child for up to 11 months at a time. The father does not live in the same state as the child and hasn't seen the child for almost 2 years at this point. The mother's siblings are in favor of the stepfather raising the child in the event of the mother's death (which is a real possibility as the mother is very sick at this point) and if the stepfather is unable to do so, one of the sisters would step in to raise the daughter.

What steps would the mother would have to take to insure that the stepfather and sister would be in line to take care of the daughter.

First, this is a legal issue so has been moved from the Children forum. In the future please choose the forum to post in more carefully.

There is only one thing that can be done, the stepfather needs to adopt. Unless he does adopt, he has no rights to the child. Neither does the sister. The bio father has full rights at the demise of the mother.

That being said, the bio father has to exercise his rights. The stepfather can apply for guardianship (if he has not adopted) and may have to make an attempt to contact the bio father to get approved for guardianship

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Originally Posted by ScottGem

... Unless he does adopt, he has no rights to the child. ...

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Unless the particular state has recognized the in loco parentus doctrine giving de facto fathers rights.

Has the step father tried to adopt.

Also is there a court order for child support, I say this, since often the bio father is a lot more willing to sign over his rights for adoption, if he is facing going to jail for non payment of support, or having his check garnished