Legal Question in Family Law in Minnesota
I am a lesbian in a serious relationship with a woman who has a six year old daughter. Her father is very minimally involved. We obviously are not married, as that is not a legal option in our state. I am wondering what my rights are with our daughter and if it would be at all possible for me to apply for guardianship (with my partner's support) without her father's guardianship being terminated. We don't want to take her away from him but we want to know that I would still be able to be in her life if something were to happen to my partner.
1 Answer from Attorneys
Take a look at Minnesota Standby Custodian form. Your partner can designate you as the Standby Custodian if something were to happen to her. Also, your partner can indicate in her Health Care Directive (living will) that she has designated you as the Standby Custodian. I would also suggest that a portion of your partner's life insurance proceeds and/or a part of her estate be set aside for legal fees so that when the triggering event happens (her death) you have the financial ability to file the Standby Custodian form with the Court and ask the Court to make it permanent.
I would also advise you to remain very involved in your partner's daughter's life. Know her doctors, teachers, coaches, etc. Your partner should give you written permission to make medical decisions for her daughter if she is unavailable.
Good Luck!
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