Legal Question in Family Law in California

Custody in step-parent situation

If you know your ex's last address, you could try to serve him with parental rights termination suit at that address. If he isn't still there, you serve him by publication in the town where he last lived. Termination of parental rights would be the best way to make sure he doesn't get the child.

A second way would be to make your wishes known in your will that you want your new husband to have custody. You can be explicit in a will about why you chose him as the child's guardian. However, the court will only consider that as a factor. The bottom line will be the child's best interest, but if your present husband has been in loco parentis to her, the court will take that into consideration. While parents have a Constitutional right to have custody of their children, they do not have the right to abandon them.

Custody after death of parent

A decree of custody does not extinguish parental rights. It only statesthat between the two parents, one should have custody over the other.If the custodial parent dies, then the remaining parent automatically hascustody. The only way to avoid this is to terminate parental rights(adoption will do this) or, in some states, a guardianship. Aguardianship (sometimes called a conservatorship) may allow the stepparent to have custody after your death. If both mother and step fatherare appointed guardians, in theory, the step father will continue to havecustody.