Step parents legal right?
8 May 2010 6 Responses
A Parent asks, My husband might have to leave tonight to go over seas, he is military. We live in NC and his ex-wife lives in Texas. We have his 4 year old son who has lived with us since we married in Jan. If he leaves tonight what can be done for me to gain legal rights to make decisions for my step son?
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Nothing. You are not his mother, you have not adopted him and since the biological mother is living and not declared unfit and had her rights taken away you can’t adopt him. Step parents do not have parental rights of any kind.
Only if you adopt him, which would destroy any legal rights that tie the ex to her son. which is insane. so I’d just go with no.
His birth mother would have to sign over her legal rights and you would have to adopt him.
If the father has full legal custody of the child, he can appoint you to take care of the child’s well being while he is away.
If the mother doesn’t have legal(not physical) then she can’t get him. It doesn’t matter if he is staying with the step mother, school, babysitter… No need to adopt.
If he just has full physical custody and joint legal custody(this is the most common custody agreement unless one parent has been deemed unfit), she can come get him any time she wants. Talk to a lawyer
Have you adopted him? That would be your only right, you may need to check with his mom and have your husband write out that you are legally responsible for this child while he is gone.
First and foremost, speak to a Lawyer. You will not gain any advice from Yahoo Answers that can be held up in court.
He can appoint you to be to be a legal guardian. This just means you look out for the child’s well being. If the mother has partial-custody, she can have custody of the child full term until your husband returns from his duty.
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