Legal Question in Family Law in Indiana
I am the stepmother of a minor child in the case that something would happen to my husband we need to know if i need legal guardianship because he wants to be sure i can do all that needs to be done (like draw on his social security for her) and anything else that needs to be done her birth mother is not in her life
1 Answer from Attorneys
If "not in her life" means you have no idea where she is and no way to contact her, then your husband's stated preference for you having guardianship, included in his will, will most likely control what the court would do in a guardianship action after his death. Get his will done, include this, and if he passes while she is still a minor, then file a guardianship petition.
If Mom's wherebaouts are known, she will still have the right to custody, and you will have to go to court to argue against that. No sure way to defeat that, just present the facts to the court with a good lawyer.
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