Legal Question in Family Law in Massachusetts

Custody of Stepchildren

I have three stepchildren with my current wife. I am concerned that if she should die, custody of these stepchildren might be lost to their biological father or grandmother. What do I have to do to ensure this does not happen. I will want to keep all three children together with their sister(my wife and I have a 4th child together)that I am the natural father of. My wife was granted full custody of these three children in a divorce. The bio father does pay child support for them, and I have not yet adopted them. Thanks for your help.


Asked on 1/19/02, 7:59 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Custody of Stepchildren

As you can see this is a pandoar's box.

Each of the questions you raised is based on some assumptions, and is incomplete. There is some significant information that must be presented before the most effective answer or option to your questions can be given.

The lack of participation by the biological father, his failure to pay support and the nature of the loving relationship are only 3 of many factors taken into account.

The initial focus should be on the extent of the father's interest in the chilldren, and either his willingness to cede parenting, or whether there is enough data to sever his connection.

Without something in hand, the father can always attempt to assume custody should something happen to the mother, and all that will remain for you is, maybe, some visitation rights.

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Answered on 1/20/02, 4:45 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Custody of Stepchildren

Am assuming ex-husband is unwilling to consent to your adopting his children.

Does he get to see the three children? Does

their mother impede visitation in any way or

does she encourage it but he does not want to see the children?

And you, do you see the value of the children having a loving relationship with their biological father?

Have you considered that the ex-husband might be

willing to take all four should their mother pass on?

How old are the children? How many years have you been married? How old are you? their mother? the children?

Et cetera, et cetera, et cetera?

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Answered on 1/19/02, 8:30 pm


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