After marriage, what rights does a stepmother have of joint custody children?
My Girlfriends kids are going to be left in the care of her ex-husbands wife while he goes away. My girlfriend wants to have them stay with her because, obviously, she is the biological Mother! The ex-husband is not allowing it. What rights does the Stepmother have to be watching the children instead of my girlfriend, the Biological Mother?
Answers:
Who has legal and residential custody of the children? How long will the father be gone? Does the child custody agreement have a "right of first refusal" in it? Does mother have visitation or custody rights?
Answer these questions, and I'll come back with answers.
Generally, however, step-parents are considered legal strangers to the children, and therefore have no rights in regards to the children. Like I said, though, answer my questions, and I'll give better advice.
you would have to refer to the divorce settlement that the court gave out. What it says is the answer to your question.
It depends on your girlfriends ability to care for the children. They will put the children with whoever will take better care of them. If your girlfriend has a history of not taking good care of the children it doesnt matter if she is the biological mother or not she will still not get the kids. Now if she is a suitable parent then she would be the first choice. SHe can take it to court either way.
I believe the dad has the right to say who will supervise his children during the time they would normally have been in his care.
Good question. I can only assume that the kids go to the ex-husband as scheduled visitation?
If so, and he leaves town, and leaves the kids with his current wife, unless you can show some type of abuse or neglect from her, you can't really do anything.
If you feel that strongly about it, get your lawyer to file some type of amendment to the visitation decree, giving your reasons for the objections of her watching the kids, and let a judge decide.
Well if they are with their dad it was for a good reason. She must not be a good mother in the first place.
Unfortunately your girlfriend is kinda up the creek. Due to the fact her ex was awarded custody of the kids, its up to him to provide for their care while he is away. The only thing your girl can do is take the ex hubbys wife to court and prove that she is unfit. Due to the fact you have not mentioned why the Ex hubby is going away, and how long he will be gone, this question is rather hard to answer.
Most states now look at whats best for the child. Due to the fact the stepmom has been around for quite a while, the kids are accustomed to living with her, have a stable home (something about marrage shows stability in court, Ive been there, done that with my ex) and are generally not in any danger, your girlfriends chances in court are slim. And slim is going on vacation soon.
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