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What rights do step parents have???

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HOPENDEN

Member
What is the name of your state? Arkansas

I know I have asked this question many times before but once again I have been thrown for a loop by the step mother. Here is a quick run down of the situation:

Father has custody of oldest child, I have custody of youngest child. Father deployed to Iraq in March. Oldest child came for summer visitation and informed me that Dad is in Iraq. I contacted my attorney, he filed the following motions: Motion to Arrest any previous orders, Ex Parte Order, Temporary Custody, Motion to Modify the order, and many more. Here is the problem, I have just been told today that the step mother was filing for visitation rights to the children and custody of the oldest child. Can this happen?? Is it within her legal rights? Any advice would help, this is really eating at me. Thanks
 


LdiJ

Senior Member
HOPENDEN said:
What is the name of your state? Arkansas

I know I have asked this question many times before but once again I have been thrown for a loop by the step mother. Here is a quick run down of the situation:

Father has custody of oldest child, I have custody of youngest child. Father deployed to Iraq in March. Oldest child came for summer visitation and informed me that Dad is in Iraq. I contacted my attorney, he filed the following motions: Motion to Arrest any previous orders, Ex Parte Order, Temporary Custody, Motion to Modify the order, and many more. Here is the problem, I have just been told today that the step mother was filing for visitation rights to the children and custody of the oldest child. Can this happen?? Is it within her legal rights? Any advice would help, this is really eating at me. Thanks
Stepmom can certainly file the case...however stepmom won't get anywhere with custody AT ALL...and has very little chance of prevailing on visitation.
She is a third party...Relax and let your attorney handle things. The fact that they were dishonest with you about dad's deployment won't help her at all.
 
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titansfan

Guest
stepmom has no rights

tell stepmom that she has no legal rights to the kids, and if she wants to waste her money filing for custody/visitation, then go right ahead.both kids should be with you untill dad comes back.
 

VeronicaGia

Senior Member
However...I don't understand the Soldiers and Sailors Relief Act very well at all, but how do you expect him to be served and properly address the situation from Iraq? It may be the judge puts this on hold until his return, or maybe address temporary custody until dad gets back.
 
VeronicaGia said:
However...I don't understand the Soldiers and Sailors Relief Act very well at all, but how do you expect him to be served and properly address the situation from Iraq? It may be the judge puts this on hold until his return, or maybe address temporary custody until dad gets back.
Your not going to get far because of the soliders and sailors act. This man is in a war zone and I dont see any judge giving you a hearing until this man comes home to defend himself.

Stepmom could very well have power of attorney's just as I do when my husband is deployed and can use them to defend her husband if she has to

So yes Stepmom can in some cases step up for dad if need be while he is deployed in a war zone. With this paperwork she can file for her husband and stand up for him in court, if necessary.

I know this because I have had to step up and sign paperwork, submit paperwork and converse with my husbands attorney when its been necessary. In most situations step parents have no legal business getting involved but this is/can be an exception to the rule. It sounds like she and your ex's lawyer know this too.

But then like I said before the Soliders and Sailor act will protect him from this until he comes home, thank goodness.

TSGTSWIFE
 

HOPENDEN

Member
To answer any and all question on the soldier and sailor relief act, I am fully aware of this act, no hearing will be done until the father returns, it would not be fair to him at all and as for the step mother having power of attorney for him you are so correct, she can act on anything on his behalf, my problem is with the step mother wanting full rights as a parent to the children. Thank you to everyone else with their help and input.
 
HOPENDEN said:
To answer any and all question on the soldier and sailor relief act, I am fully aware of this act, no hearing will be done until the father returns, it would not be fair to him at all and as for the step mother having power of attorney for him you are so correct, she can act on anything on his behalf, my problem is with the step mother wanting full rights as a parent to the children. Thank you to everyone else with their help and input.
Thats not what you originally posted, you posted that you have already started this process and from the sounds of it step mom is just standing up to protect her husbands rights to see his children. Her counter filing on behalf of her husband doesnt automatcially mean she is trying to take your children from you, just keeping you from taking advantage of the fact that her husband is deployed and cant speak for himself at this time.

So whats the point of the hearing when he gets home? Your basis for filing was that he isnt home and you want the kids on a temporary order of custody(again from your original post) You filed because you thought you could get away with it and now that step mom has stepped up to the plate and is stopping your actions you want to try to twist it that she is trying to get parental rights which is probally not true and far from what she has actually filed on her husbands behalf.

Its really sad.

TSGTSWIFE
 

Zephyr

Senior Member
were you trying to actually change the custody order or temporarily suspend time at dad's until his return home, that needs to be clear, both here and in court
 
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titansfan

Guest
stepmom is wasting her time

what rights? she has no rights to enforce, period.she is a legal stranger to the kids, and is wasting her time and money if she thinks she can get children she has no legal rights to.
 
titansfan said:
what rights? she has no rights to enforce, period.she is a legal stranger to the kids, and is wasting her time and money if she thinks she can get children she has no legal rights to.
No, she has no legal rights EXCEPT when her husband is deployed he does what we call Power Of Attorneys giving his wife complete 100% decesion making power and all legal authority while he is deployed.

You are giving her bad info. In this case YES step mom can step up and file paperwork and rebuttles for her husband. She is acting for him and as him while he is gone.

Ive done this for my husband and know what Im talking about. She cant go for custody as step mom but she can defend his custody rights as the holder of his POA's and stand up for him and his rights.

TSGTSWIFE
 

tigger22472

Senior Member
titansfan said:
what rights? she has no rights to enforce, period.she is a legal stranger to the kids, and is wasting her time and money if she thinks she can get children she has no legal rights to.
Shut up! You have no idea what you are talking about in this thread.... in a lot of threads for that matter...
 

Happy Trails

Senior Member
titansfan said:
what rights? she has no rights to enforce, period.she is a legal stranger to the kids, and is wasting her time and money if she thinks she can get children she has no legal rights to.
Do you even read what others are posting?

You should try to do that and research what others are saying, before you jump in with your less than .02, cookie cutter answer.
 
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titansfan

Guest
to tigerlady

Dont Tell Me To Shut Up! Ill File For Custody Of Your Kids, And See How Far I Get, The Same With The Stepmom-absolutely Nowhere!
 

stealth2

Under the Radar Member
titansfan said:
Dont Tell Me To Shut Up! Ill File For Custody Of Your Kids, And See How Far I Get, The Same With The Stepmom-absolutely Nowhere!
Oh please, Kelly. I somehow doubt anyone would allow you to have any more kids living in your compound. How many are you up to now?
 

tigger22472

Senior Member
titansfan said:
Dont Tell Me To Shut Up! Ill File For Custody Of Your Kids, And See How Far I Get, The Same With The Stepmom-absolutely Nowhere!

Are you that stupid Kelly? You do need to shut up because you have ABSOLUTELY NO IDEA what you are talking about on this thread. The step-mother is acting on behalf of her husband as she carries a POA which is MANDATORY by the military to allow a spouse to act on their behalf while they are gone. She doesn't even have to contact Dad about this if she doesn't want to, she calls the shots as if she WAS him...

Now pack up your family and take a trip....Aren't you long over due?

Oh and BTW.. get my name straight you crazy idiot woman!!
 
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