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hello I'm new. I have a question. Does being a custodial step mom require court or just marrying a custodial father?

destiny1's picture

Custodial, being as having custody. If DH is custodial parent and I'm married to him, does that make me CSM?

StickAFork's picture

You're "custodial" in that you live with the custodial parent. You have no "custodial" rights, if that's what you're asking.
It's like a default status.
The only way you get "custody" is by filing... usually a stepparent adoption.

sixteensmom's picture

Oh for gods sake who here in their right mind would ever want to see skids again??? Ok kid.

StickAFork's picture

I did/do.
I'm still very much involved with SD22...and I left her father years ago.
If you were kidding, I apologize.

destiny1's picture

If BM terminated her rights, should I still seek custodial parent rights? Or do I have them based on the circumstance?

StickAFork's picture

You never get legal rights assigned by "circumstance." That would be like squatting...only with someone else's kid instead of property.
So...it doesn't work that way. Scratch that off your list.

Now, as to what you're really asking, some detail sure would be helpful. Has BM terminated rights? Has the court terminated them for her? Are you married to the father? Do you want rights? Do you want to adopt?

Your questions are coming from someplace, and it sure would help to know what that is.

I did a stepparent adoption a dozen years or so ago. It's an interesting process. Also, being CSM does NOT help if dad dies. Custody reverts to the other bioparent, unless the court deems her unfit. At that time, the child would be placed into foster care and NOT with you.

instantfamily's picture

I really like that SAF asked for reasons and the "why" of your post because several on here don't. The short answer is correct, I am a SCP and I would not have any rights if my husband died. The custody does revert to the mother unless she's deemed unfit. So, if you want to have rights you have to adopt.

destiny1's picture

I am married to the father, and yes BM terminated her rights several years ago.

momsome's picture

from the messages I just received StickAFork says that we are basically screwed we just have to spend a shit load of money and do everything for our SK and get NOTHING IN RETURN!!!!....NOTHING!!!....sorry I wish I had some good news but I am really mad at that fact that my SKs mother can claim them when my boyfriend and I take care of them.

Disneyfan's picture

We don't HAVE to spend one dime or lift one finget for our SK.

If you don't want spend YOUR money on your SK, don't. If you don't want to cook, clean...for them, don't.

Disneyfan's picture

You are not the parent (unless you adopt the child)so you don't HAVE to spend one dime or do anything for the child.

sandy1234's picture

You can get a form signed(I can't remember what it's called) where DH can sign something that says in his absence, you are equal to him(like at Doc appts, you can sign forms, can be involved at school functions even without him and even if BM disagrees, etc) I'm sure another member will see my comment and tell you what the thing is called. Just cant think of the word...

jumanji's picture

Dad could have a Standby Guardianship written up (best to have it done by a lawyer), should something happen to him, so that the kids will stay with you in the interim. But unless Mom is unfit, the kids will end up with her.

silver ring's picture

Is that sad for the kids?
If the biological mother does not do what she is supposed to do as a parent and sees the kids whenever it is convenient for her...no financial support, no involvement, just the Disney type mother...if something happens to the father and the kids are sent back to leave with their lousy mothers...that is such a pity for the kids. After a lot of work and money have been poured into raising theses kids, they go back to their biological mothers and become non-productive citizens and future high school drop-outs with no future or education.

The majority of cases happen this way.

destiny1's picture

MOM HAS NO RIGHTS. TERMINATED THEM DURING HER LAST PRISON SENTENCE. SHE IS UNFIT, AND MORE SO, NOT HER LEGAL PARENT ANYMORE, ONLY MY DH.

jumanji's picture

SO adopt them.

And no, you don't get custodial status "just because" you married Dad. A court has to grant you that status.

destiny1's picture

My original question was just does what is the definition of CSM. If it means a step mom married to custodial bio dad, or if theres more to it.

Orange County Ca's picture

There is no such thing as a 'custodial step-mother'. If a court ordered you to take custody of a child you would be a Foster Parent.

Loosely accepted it means you're married to a custodial (bio) father but like all step-parents it bestowed absolutely no rights or obligations and I highly recommend you don't get into any step-parent situations. Find a single guy.

unwillingparticipant's picture

If Dh (who has primary residential custody) dies while ss11 is under 18; I have zerooooooooooooooo intention of seeing him again, I will drop him off myself to live with bm. Good riddance!!

Scratching My Head Now's picture

God forbid if DH dies & leaves me w/his SS16, I'd buy the kid & his mother a cruise package & a copy of "Dr Phil's" book then move out of state.

GeorgianPeach's picture

I think you've already got it but just in case -
You need to adopt the child in order to have legal rights. The biological father can lend you his rights but that's as long as he is still conscious and breathing. If anything happens to him the child may end up in someone else's home.