The rights of step parents - Are there any?...

nekom

Junior Member
Dec 30, 2008
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Fayette county, Pennsylvania
My daughter is 4 years old and her mother and I have been separated/divorced for about 2 years now, and I have custody of our daughter. I have since remarried. I'm just wondering if my wife, her step mother, has any legal standing. I don't mean for any big things, just the little things, things like picking her up from school, signing off on routine medical visits, etc. Am I going to run into any trouble with things like this? I work through the day so it would be awfully inconvenient if I had to personally take care of such things instead of my wife being able to.
 

IADad

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Feb 23, 2009
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I'm not sure if she automatically gets those rights by marriage, I somewhat doubt it. Those "little" things are prbably easy to handle with powers of attorney or even just simple permission waivers. Your schools should have forms for you to designate who is allowed to pick-up. My sister and an unrelated god-mother are listed as additional authorized people to pick up my kids from school/pre-school. And we have forms for babysitters/daycare providers to allow them to seek medical attention. So, those are probably routes you can go without any legal help.
 

nekom

Junior Member
Dec 30, 2008
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Fayette county, Pennsylvania
They had a form in preschool that allows her or my mother to pick her up/drop her off there, but that's a private school, not sure if public school has different rules. I would imagine there must be provisions, it's not like I'm the only one on Earth ever to have a complicated family situation.

I remember when I was in grade school my uncle just showed up out of nowhere a few times to bring me home, I'm guessing that doesn't fly these days. I understand why of course, can't be too careful. Anyway just kinda hoping there won't be any issues, since she starts kindergarten next year.
 

IADad

Super Moderator
Feb 23, 2009
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yeah, you hope they don't allow your kid to leave with just anybody. I'm sure they must have some kind of permission form, or list of allowed people, them must be caregivers and grandparents galore who pick up kids.
 

mom2many

Super Moderator
Jul 3, 2008
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Here is my experience as a "technical" step parent although I raise them. I can and do sign for everything, as for school she just needs to be on the emergency contact form and there shouldn't be a problem.
 

Lacey

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May 26, 2011
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She has any right you have -as long as you stand behind her. Two of my children were from my husband's marriage; he has custody. I have been able to do *almost* everything for them - except pick up their birth certificates.

Her rights as a caretaker of your child are significantly similar to the rights of a mother. If you are worried that your ex will be jealous and "not allow" your wife to take care of her child, she has no say (unless you allow her to). I've seen so many cases where the ncp will threaten to get a restraining order against the new spouse for his/her child - don't worry. In order to obtain a protection order a parent has to PROVE that the new spouse is putting the child's life in immidiate danger!

Good luck!
 

Xero

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Mar 20, 2008
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I can't say that I know a whole lot about the topic for sure, but I can tell you that our stepdad used to pick us up from school, sign our permission slips and our bad grades, and all that jazz and there was never any legal work done for that. I honestly think that most school systems recognize step parents for what they are - a parent (just a different form) and that they just assume that a step parent is a trusted guardian. I don't think there's any kind of legal business involved, if anything I suppose you could let the school know if they don't figure it out on their own. Like you said, you're definitely not the only one who has a kid with a step parent.

If you want her to have other legal rights that go further than these simple school things, then your wife would need to legally adopt your daughter.
 

Jeremy+3

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Apr 18, 2009
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I know in the UK step parents have the same rights as biological parents, so children and step parents are also protected when relationships fail etc
 

5bygrace

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May 11, 2011
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VA
I agree with IADad, if you have custody and have her during the week then you should be able to add her to the form, as far as dr's goes, I think maybe, and I could be wrong, but as long as it's not a decision making role she can take her. Its when a medical decision needs to be made is where she'll not be able to. She can call you, then let you talk to the dr. and give your ok.

For example, my daughter went to the dr. for a regular well visit, she needed shots, one was not mandatory is was the hpv vaccine, now stepmom could take her but.....she can not authorize the hpv since it's elective, does that make sense?
 

teenage_parent

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Apr 15, 2011
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i think it's something like "no legal right but has legal obligation".

like she has legal obligation to protect your kid the way we all have legal obligations to protect all children.

but i don't think she has rights. that's how the lawyer explained it. if you wat her to have rights, she will have to go through legal proceedings.
 

RegalSin

Banned
Sep 3, 2011
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Go talk to a divorce specialist, about these rights. That is it.
Just don't mention divorce.