What about step-parenting custody rights?

If your partner – that is, your stepchild’s biological parent – dies, you can ask the Family Court to allow you to spend time and communicate with your stepchild. You can also ask to have your stepchild live with you.

But if your stepchild’s surviving biological parent wants to and can provide proper care for your stepchild, the court will aim to make sure that your stepchild has a meaningful relationship with his biological parent. The court will decide based on what’s in your stepchild’s best interests.

If your stepchild’s other biological parent has died, your partner might want to ensure that you’re appointed as your stepchild’s legal guardian. Your partner can do this in a will, although it isn’t binding.

If there’s a dispute over custody and guardianship, the Family Court will decide.

Read more...http://raisingchildren.net.au/articles/step-parenting_law.html/context/1664