Legal Question in Family Law in Minnesota

Re: Step-Parents right to gain custody if the custodial parents dies?

You can do a will which names your husband as guardian of your son; however that will would not be controlling. It is only taken as an expression of your wishes. In the event of your death, if the child's natural father wants him, it is very likely that he would be able to get custody. A will naming your husband would only work in a situation where the child's natural father hesitated enough about custody so that your husband would be allowed to step in and take over. There are situations where that happens, but you can't count on it and you can't control it.

UNLESS your husband were to adopt the child. This could usually only happen, however, with the consent of the father.

Same with the name change. As a practical matter, you need the natural father's consent to any name change - or at least the lack of his objection. You could do a name change proceeding and send the dad notice. If he doesn't object, I would expect the judge to grant the name change. Since it's your maiden name, I don't see what the dad would have against it. It would make more difference, one would assume, if the name being changed was his last name given to the child.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of the attorney of your choice concerning the details of your case.