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    tbrooks.0417's Avatar
    tbrooks.0417 Posts: 1, Reputation: 1
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    #1

    Oct 6, 2011, 04:09 PM
    Rights of step father
    Biological father died mother has surgery but dies on the table what are the rights of the step father in the state of Ohio?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 6, 2011, 04:12 PM
    Minimal. A lot would depend on how long he has been a step father and whether there are blood relatives looking to care for the children.
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #3

    Oct 26, 2011, 07:32 PM
    I agree with Scott, depending on the laws in Ohio (I am not an Ohio attorney). Generally, if the step parent can show that he is a "de facto" parent, meaning he has stood in the shoes of a parent and for all intents and purposes is the parent of the child, he could persuade a court to award custody to him, as it would be in the best interests of the child to do so. However, if the step father has been absent and say a grandparent or aunt has raised the child... they would be the best choice (barring any neglect/abuse).

    Additionally, the age of the child will likely play a role if the child is of sufficient age to assist the court in making a determination of what's in his/her best interest.

    Best of luck!
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