Legalities of being a stepparent

[Victoriawould24]

We are resident parents to my stepchild who stays with their mother 2 nights a week.
We take all the responsibility for school, social activities etc.
After a health scare recently we have been wondering if anything happened to my husband god forbid, while stepchild is still a child where would that leave me and them in terms of care.
We are almost certain that Mum would not want to increase parenting responsibilities or have SC full time (she is currently becoming more distanced and considering a move abroad) but would I have any legal right to apply for custody of SC ?
Is it something that my husband can put in a will or would that be worthless and all responsibility would immediately go to the living parent?

SC chose to live with us and I believe would still want to if it was just me here, have been in their life as long as they can remember.

Just wondered if anyone had any knowledge or experience of this.
Thanks

Yes you would have the legal right to apply for custody of SC.

It isn't something your dh can put in a will though - you can't "leave" your children to someone in the same way that you can leave your money to them.

If you want them, and they want you and their mother doesn't want them I can't see it being a problem, merely a legal process that has to be completed.

How old are sc?

Roughly how old is SC?
If their mum would agree to it, you could get parental responsibility now through a step-parent parental responsibility agreement. I'd frame it in terms of having another person who could make medical decisions, etc. if she moves abroad, rather than for if your partner dies.
If you don't think she would be okay with that I don't think there's much you can do to plan ahead.

You can file for a parental responsibility agreement which would give you parental rights along side both birth parents- this is with the consent of both birth parents. Just a matter of signing a form in front of a Court officer and then filing the form at an office in London (by post). The three of you are then all sent a sealed copy of this form

If birth mother will not consent you can make a formal application to the Court, where the Court will decide whether it is in the child's best interests for you to have parental responsibility

If the birth mother consents you can have equal parental responsibility. Discussing it with her is the answer, she may be in favour

Thankyou all so much.

SC is 14 , applying for parental responsibility now sounds like a good plan and I agree I think Mum would be in favour.
Although it might be a bit of a blunt realisation of the truth of our situation that might lead to pushback so will have to weigh up if it's worth the possible upset.