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Step Parent Guardianship
Anonymous2 views2 answers
I am wanting to know if guardianship is the right path for me as a step parent. My husband has sole legal custody of his daughter, and her biological mother lives in another state and has infrequent visits. I care for the child on a daily basis and most times my husband is away or at work. My husband and I want to be able to allow me to consent to medical decisions, school decisions etc. The biological mother is also ok with this. We have reviewed the Power of Attorney option, however we would like to avoid redoing it every 6 months. I'd also like to be able to provide her medical benefits, my company doesnt allow me to cover just myself and her since she is not a "natural" child unless I am a guardian. Would guardianship work as an option?
This is really a family law issue and may vary based upon the statutory and judicial decisions rendered by the courts of the State of AZ, about which I know nothing. As a general principle of law, the natural/biological parents are, as you have indicated, the natural legal guardians of a minor child. In the case of a divorce, one parent is usually designated as the primary caregiver when the child primarily stays with that parent, but in the event of death or other inability to serve in this capacity, the non-custodial parent becomes the successor guardian.
What you are really asking is that the child's mother give-up her parental rights, in which case you can become an adopting parent.
An alternative that I have done for my clients who leave their child in the care of a parent when they work or go on vacation without the kids is to prepare an Appointment of Temporary Guardian. I do not believe this will work for medical insurance policy coverage by your employer.
There may be, but I am unaware of any such case, the ability to apply to be the co-guardian of your husband's child with the consent of the child's biological mother, without her giving up her parental rights.
I would recommend calling local counsel and/or contacting the Surrogate's Court (In NJ this is the proper court. IN AZ it maybe a different court.) to determine if the court will even entertain such an application.
Mr. Bearg's answer is wonderfully thorough and correct. I highly doubt that the biological mother would give up parental rights, correct? Your husband can authorize you to do many things under POA for the child, but the health plan issue is another story.
