Legal Custody

[DsmithAsmith]

What is the name of your state? California
My husband has a 12 year old daughter from a previous relationship. About 3 years ago he was granted sole physical custody because his daughter was being abused, mentally physically and sexually at her mothers home; Mother was given supervised visits but never attended. When they went to mediation my husband agreed to joint legal custody. I have 2 questions,

1st; we might want to go out of the country on vacation to Mexico. I know you have to have some kind of notarized letter from the other parent, if my husband had sole legal custody too, would that still be necessary?

Question 2: My husband wrote a will leaving custody of his daughter to me should anything ever happen to him, does this have any legal standing in court, would it have more legal standing if he had sole legal custody of his daughter?

Are there any other reasons we should seek sole legal custody. The mother does not have a phone so we can not call to include her in desicions regarding Doctors, schools, etc.

 

[Zephyr]

Question 2: My husband wrote a will leaving custody of his daughter to me should anything ever happen to him, does this have any legal standing in court, would it have more legal standing if he had sole legal custody of his daughter?

mom will get the child in the event of dad's death unless her parental rights are terminated

 

[DsmithAsmith]

Even though the courts took her from her mother due to the unsafe enviornment?

 

[LdiJ]

Even though the courts took her from her mother due to the unsafe enviornment?

Mom still has the primary legal right to custody. However, it can be challenged by you or other relatives of the child. I mom has been deemed to be legally unfit...then a challenge could be successful. However, your husband's will won't be controlling. Children are not property and can't be "left" to another person.

 

[Zephyr]

that would be up to the courts to decide, if/when he were to die her situation and maturity might have changed drastically, as stealth2 likes to say- the child is not a puppy to be willed to whomever.

mom still has joint legal and and if dad were to pass she is the only person in the world with legal standing in that child's life

 

[DsmithAsmith]

I am trying to decided if there is any reason to file for legal custody. If it would help out in anyway. Until now we have not done it because it is out of county and have not had a need too. Our only concern is protecting my step daughter.

 

[Zephyr]

shouldn't that be dad's decision?

 

[DsmithAsmith]

Yes it is dads decision, and dad and I are not sure if there is a need/reason to file for legal custody. I am not trying to make dads decision for him, however I do want whats best for my SD I love her and provide her daily care and still just cant win; if I did not care for her everyone would say I was a bad step parent, when I do spend every waking moment caring for her and worring about what is best for her and trying my best to fill the void left by her mother people think I am trying to take over her life. I did not ask for her or her problems, I am simply trying to do the best thing for her, she has suffered enough

 

[Zephyr]

she is very lucky to have a sm that cares about her, there is no doubt about that, but MHO in this situation would be to let sleeping dogs lie, you guys have her, mom is voluntarily incommunicado- so if it were me I would let it be

 

[DsmithAsmith]

Thanks! I appriciate the advice