Legal Question in Family Law in California

I have full physical custody and joint legal cutody of my son, his father only has joint legal custody. My question is this. Since my son has been living with me most of his life and his dad does not have much contact with him, he has been granted visitation, one weekend a month and holidays, which he chooses to use sporadically and hardly calls, if something were to happen to me wouold my current husband be able to keep my son living with him and our other child? My son knows my current husband and looks at him more of a father figure than his real dad, not to mention that his real father is a drug addict and a gang member. Obviously I would rather my son stay with our family than go back to that.


Asked on 9/22/09, 1:50 pm

1 Answer from Attorneys

If the biological father is that unfit, your husband could possibly get guardianship of the children, but it would be far from automatic. He would have to either go to court or have the biological father's consent. You definitely should have a will and an advance directive that states your wishes and why. Alhough the courts would not be required to accept it, it would be taken into consideration.

The only way to assure your husband would keep the kids is ie he adopts them. Without knowing how the bioligical father would react to that, I have no idea if it is feasible.

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Answered on 9/22/09, 4:07 pm


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