If you marry someone with joint custody of their child and your spouse dies do you have a right to visitation?

My fiancee and I each have a child from a previous marriage. We both have joint custody (50/50) of our children. I would hate to think that if she died I would no longer be able to see her daughter and that she would no longer be able to see my son.If you marry someone with joint custody of their child and your spouse dies do you have a right to visitation?
I think you would have to work with the other parent on this. If your spouse were to die, you as the step parent would not have any legal right to see the child. If you are both on good terms with the other parent, I would think you would be able to get some kind of legal document drawn up that would basically give you (the step parent) some type of visitation rights. But I would do it sooner rather than later (after you're married, of course), since after someone dies there is usually so much upheaval that it's hard to work something like that out.If you marry someone with joint custody of their child and your spouse dies do you have a right to visitation?
That's a great question. I am also a step parent, a stepmom. My husband and I have two children together. But I couldnt imagine that if something happened to my husband that I would no longer be able to visit my stepson, or he visit me %26amp; his brothers. I've been in his life 9 yrs %26amp; he's 13. Scary!

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That's a great question. I am also a step parent, a stepmom. My husband and I have two children together. But I couldnt imagine that if something happened to my husband that I would no longer be able to visit my stepson, or he visit me %26amp; his brothers. I've been in his life 9 yrs %26amp; he's 13. Scary!

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As a rule if one of the parents dies( either the custodial or non custodial) then the surviving parent gets custody of the child(ren).


The courts will usually decide if it's in the child's best interest though. If the non- custodial parent could be a safety hazard for the kid then the child will go to the next closest relative like a grandparent etc.
I am in a situation where my kids have a stepmother. If their dad died...she would not have legal rights to the kids. But if there was a good relationship there, it might be allowed. The state I am in does not even allow the step parents to home school their step kids....they are not the legal guardians.
Well if they die then it takes their ';50'; out of the equation, but if you're on good terms with the other parent then the court doesn't have to have anything to do with it.
That would be solely up to the remaining bio-parent..as a step parent you have no rights to the child...and no legal responsibilities.
This is a good question for an Attorney.





Dr. Maggie
If you have no agreements with the other parent- then, No, you would have no rights to see the child......get something in writing!
i am sure that a law can help you and you could even talk to a lawyer about it and find out more about it..
maybe right now, you both should get some papaers drawn up, just in case...

covergirl

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