Do Stepparents Have Custody Rights When Both Biological Parents are Deceased? Legal Guardianship?
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Summary
I had to read the book Lolita and need to research a topic on it. I chose to research Humbert’s rights as a stepfather. In 1955 What rights would a stepfather have for custody over his step child if both biological parents are dead? Also what steps would he need to take to become the childs legal guardian? |
“Hello, I am a Sophomore at Edison High School. I had to read the book Lolita and need to research a topic on it. I chose to research Humbert’s rights as a stepfather. Part of this assignment is I need to contact an expert and ask questions so I wanted to ask your website a few questions. In 1955 What rights would a stepfather have for custody over his step child if both biological parents are dead? Also what steps would he need to take to become the childs legal guardian? Thank You for your time. If possible I would like an answer before Thursday because that is when this assignment is due.”
In 1955, as today, step-parents have very few rights. In most cases, custody where both biological parents are deceased would go first to the maternal grandparents, then (if they did not want custody or were not available) to the paternal grandparents. Nowadays, however, a step-parent would have a slightly better chance of getting custody from the outset. Also, if the mother had named her husband (the step-father) as a guardian in the event of her demise, then the step-father would have a better chance of obtaining custody, although even then, if the biological grandparents objected, there would be no guarantee of his getting custody.
Good luck with your project; that’s a great, and unique, topic for a report on Lolita!
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Can my Parents Exercise their Grandparents Rights and Take Away my Children?
For more on this subject check out these categories: Child Custody, Family Law
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.