Will a stepparent be allowed to raise stepchild upon death of natural parent?


A stepparent has no legal rights to raise the stepchild upon the death of the natural parent.  The surviving natural parent will always have priority to raise the child.  However, if the other natural parent is deceased or unwilling, then the court will decide who will raise the stepchild.  In making that decision, the court would definitely give preference to the person named as guardian under the deceased parent's last will and testament.


Attorney Tom Olsen: Enrique has a question and that is, He is married to a woman. She has a child from a previous marriage, so this is Enrique's step son. He wants to know that if she passed away could he raise that step son?

The answer is this, Enrique your definitely should have a will wherein she states that if she passed away she would want you to be the father to your step son. But at the end of the day, no matter what happens, the natural father would have a first choice. But let's say that natural father's deceased, or the natural father is an addict, or a child abuser. Then the court's going to look for the next best choice, and the mum has got a will saying, "I want Enrique to do it, the step father to do it." Well then you're in line Enrique. It's worth while her to have a will saying so. But again natural father's always going to have a first choice.