Legal Question in Family Law in New York

Re: Step-Children

you would not automatically be the guardian and should consider having wills prepared. you can call 212 683 8677 for a free telephone consultation

Re: Step-Children

If you became your "step" children's only adult "next of kin," in this country, you could be considered as the "natural" guardian of the children under age 21.

However, in order to be your Step Children's

"legal" guardian, there must be a writing,

(separate and distinct from a Will appt) duly signed and ackowledged, appointing and designating you the children's "legal guardian" by the custodial or natural parent/s. A lawyer should draft and supervise execution of the Guardianship papers.

Good luck,

Phroska L. McAlister,ESQ

Re: Step-Children

You are the 'natural guardian' of your children through your relationship with their father, your husband. This is a legal relationship, but is not as inclusive as 'legal guardian'. It means that you may make a variety of decisions if your husband passes on and may be named 'legal guardian' if he passes before you.

Making the relationship formal through adoption or by having the legal guardianship documents included in your husband's will can save you a great deal of fuss and anxiety in a time of great sorrow if your husband does die before you.

This is a good planning issue and any competant attorney can help you for a modest fee. My fee for the will is 350 and 300 for the legal adoption.

I wish you and your husband good luck and the best of health.