The untimely death of a sole custodial parent and custodial rights go to absentee non custodial parent?

Asked over 4 years ago - Victorville, CA

I have sole physical custody of my 3 children from my previous marrage.It has been brought to my attention that in the event of my accidental/untimely death that my children would go to a Father they don;t even know(he has not been in their lives or paid support for going on 8 years and has been incarcerated twice for violent domestic crimes also is addicted to drugs).I remarried 4 years ago.Is there anything that I can do legally other than try to have my ex rights terminated to make sure my children would continue to be cared for by their stepfather or another family member other than their biological father ?

Attorney answers (1)

  1. Christy Michelle Carlisle

    Contributor Level 10

    Answered . It would be a good idea to do a step parent adoption, which would terminate your ex spouse's rights and allow your current spouse to adopt the children. If you were to pass away after the adoption, your current spouse would retain custody. You should also have a will prepared naming a guardian of your children. If you were to pass away your current spouse could petition the court for guardianship (this is without adoption).

    This is for informational purposes only.

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