QUESTION
What is a step moms legal rights?
Asked on Nov 05th, 2012 on Child Custody - South Carolina
More details to this question:
If I have joint custody of my daughter how can I prevent the stepmother from overstepping her boundaries by signing as parent/legal guardian when she is clearly not on report cards, field trip permissions slips, etc without my knowledge. Or taking my daughter to doctors appointments and signing medical consent without my knowledge. Technically, she isn't even her step mom. She is not married to my ex husband, do not have the same name, and have no marriage/common law license.
6 ANSWERS
Dennis P. Mikko
A step parent has no rights to act on behalf of the child without the consent of a parent. Your husband should be signing instead of his girlfriend. You may want to make the school, doctor, etc. aware that the girlfriend is not a parent and has no right to act as one. If this were to continue and become a problem, you could file a motion with the Court seeking an order defining her rights, or lack thereof.
Answered on Nov 06th, 2012 at 12:54 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Go to court and get an order preventing her from signing as the parent. However, it sounds as if the father isn't stepping up to the plate and taking the child to the doctor, etc. so it's good someone is being responsible.
Answered on Nov 06th, 2012 at 12:54 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Step parents can do those things. You can complain about it but then those things would not be done for the child.
Answered on Nov 06th, 2012 at 8:00 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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A step mom should not be signing documents and you should have the conversation with your ex husband. If this does not solve the problem, a court order can be obtained which will specify what each party can and cannot do.
Answered on Nov 05th, 2012 at 12:59 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Basically, the ex-husband's girl friend has absolutely no rights at all and the only authority she could have is whatever your ex-husband gives her. If your custody order isn't clear on which parent can do what, you need to go back to court and have the judge make it clear what can and can't be delegated to a third person.
Answered on Nov 05th, 2012 at 12:58 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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This depends on the Court Order. It certainly sounds like you should take action in relation to this matter as soon as possible. You should consult with a local attorney as soon as possible regarding this matter.
Answered on Nov 05th, 2012 at 12:57 PM