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Bio Parent vs Step Parent rights

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Michelle101

Guest
Hi,

I live in indiana and share joint custody of my 2 children with their father. He has primary residence of our 14 yr old daughter, and i have primary residence of our 10 yr old son.

My problem is that he is remarried and i feel that the stepmother oversteps her boundries. She has signed school papers as "parent/guardian", and lists herself as an emergency contact (leaving me out of the picture).

She does provide health insurance thru her employer for both children, but does she have any legal rights to determine whether medical care can be administered?

Are there any rights to a step parent when there is joint legal custody without the bio-mothers say so?

Thanks,
Michelle (Frustrated in Indiana)
 


CMSC

Senior Member
You have joint custody, therefore, your husband can give written authorization to allow his spouse to determine medical care, it has to be in writing otherwise she has no authority.
As far as the emergency contact with the school goes just go over and fill out an emergency form and let them know that you prefer to have your husband or you be notified first.
 
M

Michelle101

Guest
Thanks for the reply. I am more than willing for the stepmother to make decisions for acute problems ie: colds and flu. However, what about an emergency room visit where probable mennigitis and a spinal tap is suggested (kinda drastic). Does she have the right to take my daugter there without contacting me as well?? We live within the same city. My point is that the bio father and step mother do everything in their power to keep me out of the picture of my daughters doings. They feel they have that right.
 

CMSC

Senior Member
Doesn't your husband have the right to consent? My personal opinion is that the husband if he has the child should be consenting to this but if he gives her written consent to administer ANY care then she can consent to it. I know that is not what you wanted to hear, sorry. Did it say in your custody arrangement whether or not both parties are to be involved in all decisions pertaining to child?
 

haiku

Senior Member
If you have joint legal custody, you BOTH have the right to make major decisions involving the child, while in your care, and designate others to care for the child, in your absence
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You are well within your rights to write a letter to the school asking that you, and all your info, are listed as MOTHER on the list. Step mom, because she lives with child should be listed too, but as say the FIRST emergency contact AFTER parents have been used. Also remind the school to send you copies of all notices sent home. Even parents who do not have joint custody, have a right to be listed as a parent, unless there is an order in affect barring them from contact.

Though she provides medical ins. you as the childs parent are intitled to all info also, and can also notify doctors of this.

there are great form letters for both these purposes at www.deltabravo.net

you can also send them certified letters reminding them that they have to contact you about major decisions or you may be forced to take action (this usually works)

When my husband was having trouble of this nature with his ex, this was what the court told him. Because he has as much right as she did to the info, it really wasn't her responsibility to give it to him, it was up to him.
 

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