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    mrswife's Avatar
    mrswife Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 5, 2012, 06:57 PM
    Parental rights vs custody
    When I die can I give custody to my child's step father or will the biological father gain full custody?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
    		  
    #2

    Dec 5, 2012, 07:56 PM
    The Biological father is who would have the rights the courts would back being the other biological parent.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Dec 6, 2012, 04:10 AM
    A child is not property that you can bequeath rights to. You can express a preference in your will but its not legally binding. As long as the bio father has parental rights he can claim custody for your child should something happen to you.

    The child's step father can petition for a step parent adoption which would terminate the bio father's rights. But the bio father would have to agree unless there are legal reasons to terminate his rights.
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