If a childs parents were to die, would a stepparent or godparent have first rights to guardianship?
A godparent has absolutely no rights whatsoever. Never did in this country as far back as the mid-30s (it is not a recognized legal relationship). A stepparent may be able to get guardianship if the child has lived as a family with that stepparent for a long time. However, living blood relatives nearly always have preference starting with the father. After that, it’s grandparents, then aunts and uncles. My suggestion is that you see a lawyer to discuss your preferences and how they are commonly applied in your state. edited to add: Your will is only your direction as to who should have guardianship. A judge will consider it and make the final decision and it may not be who you selected.
This may depend on the state you live in, I’m not sure, but if both parents die and there is no directive as to what will happen to your children then they will become wards of the state until proper guardianship can be established. At this point it can, and often does, become a legal battle between family members. Very sad for the children. This is also the same if you are the only legal guardian of your child, regardless of how long you have been married and your spouse has parented the child(ren) as the step-parent. Again, though, this may be different for different states. I know in my state that if I do not have established what will happen to my oldest daughter, of whom I am the only legal guardian, then she will become a ward of the state, and I have been married to her step-father for almost 10 years. That is more than 75% of her life, so you would think that would give him legal priority but, it doesn’t. Hope this helps.
