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How do I know my rights as a "new" mom and stepmom?

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JenAndCha

Guest
I am getting married next May and my fiance' has a daughter that is two, her mother hardly ever sees her, usually only on holidays for an hour or two. She lives with us and I take care of her. What I want to know is what right do I have her after we are married? Do I have to adopt her to be consider her guardian, or to sign for her at the doctors? Also, what if something happens to him, I don't want my "step-daughter" to live with her, I would want to keep her.

So Very Confused!

 


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usdeeper

Guest
Your legal rights amount to virtually nil, zip, zero.. If your hubby dies, the bio mum can take custody of the child and you may never see her again. It would be very difficult to pursue visitation to a step child.

The only way you can adopt her is if the bio mother agrees and signs away her rights. She may be willing to do that.. but you have to ask.. Well, your hubby needs to ask. However, I personally would not do this until you have been married for a few years. Otherwise, if you adopt and then divorce after a year, you will end up paying child support for the next 15 years as it would be unlikely you would get custody.

You are however considered a guardian and can sign for her.. and in almost every way, act as her mom. If you are worried, get your fiance to get a paper drawn up to say you are the a legal guardian. This is very wise when the child is so young and can not speak properly for herself.


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:) SMILE - Start Making It Livable for Everyone

Divorce is a process over which children have no control. Children should not be its victims.
When parents are under stress, it is harder to be in touch with their children's pain and anguish.
It takes time, effort, and planning on the part of the parents to be able to provide for the children's needs.
In the crisis of divorce, parents may put their children on hold while they attend to adult problems first.
Sometimes separating/divorced parents find that their roles and expectations are undefined and cloudy.
If handled properly, divorce need not be devastating for children.
 
J

JenAndCha

Guest
Well thank you so much for your quick response, although it doesn't make me feel any better, seeing as I act as her "mom" but will have no rights to her. Another question would be as far as my fiance' he has "sole" custody stated in the divorce papers. Is it okay for him to deny her rights to see the child. Her living arrangements are very unstable so therefore, he will not allow his daughter to spend the night until he sees that they are a safe and stable living environment for his child. Also, we do not know of the people she lives with and what they are like. Is that legally right for him? Or could she take us to court if she wanted to and he get in trouble for denying her rights? <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JenAndCha:
I am getting married next May and my fiance' has a daughter that is two, her mother hardly ever sees her, usually only on holidays for an hour or two. She lives with us and I take care of her. What I want to know is what right do I have her after we are married? Do I have to adopt her to be consider her guardian, or to sign for her at the doctors? Also, what if something happens to him, I don't want my "step-daughter" to live with her, I would want to keep her.

So Very Confused!

<HR></BLOCKQUOTE>

 
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usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JenAndCha:
Another question would be as far as my fiance' he has "sole" custody stated in the divorce papers. Is it okay for him to deny her rights to see the child. Her living arrangements are very unstable so therefore, he will not allow his daughter to spend the night until he sees that they are a safe and stable living environment for his child. <HR></BLOCKQUOTE>

If he feels that a visit will put the child in a dangerous situation, then he should petition the courts to change it to supervised visitation or maybe visits at a particular place. You need to collect evidence and document everything.. Go see an attorney about filing for a change in court.

If you flatly deny visitation then she could drag you to court..

 

MySonsMom

Senior Member
usdeeper is right (imagine that) :)
As a step mom you have all of the responsibility of a parent but don't have squat for rights. That's why you hear..Being a step parent is a really hard job...From one step parent to another..It really is. But can be quite rewarding as well. Good luck! :)

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~MySonsMom~
 
J

JenAndCha

Guest
Well, he doesn't deny her the right to see her, but he just restricts the fact of her spending the night. We already document the times she sees her and for how long and so forth. She can take her for the day, just not overnight. So is that still wrong or should he still get an attorney and have it to read supervised? Also, she was ordered to pay child suppport, which comes out of her pay, but what about the bills they acquired while they were together and she was ordered to pay, but has not? Some of them were in her name, but some of them were not, and the bill collectors of course do not care, they just want to get there money! Recently, we just paid of a large loan they acquired together, do we take her back to court for that? If so, is there a statue of limitations on that, like if we just waited until we paid them all off and then took her back when we had all the bills paid off? Thank you for all your wonderful help! This has been a tremendous weight lifted off of our shoulders.
 
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JenAndCha

Guest
To MYSONSMOM, thank you for your response..it does help knowing you are not the only one. I know eventually when she gets older she will realize who was there for her and who was not, it's just really hard sometimes! I do believe though it is also very rewarding. When she hugs me and kisses me goodnight everyday, I realize again, why it is all worth it! Thank you!
 
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usdeeper

Guest
If the bio mum is not complaining about no overnight visitation, then leave it be. If she starts to demand it and the visitation schedule says she can.. THEN go to court and voice your concerns..
 
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usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JenAndCha:
To MYSONSMOM, thank you for your response..it does help knowing you are not the only one. <HR></BLOCKQUOTE>

Hey.. I am a step parent too :)

 
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JenAndCha

Guest
Just curious and I know you can not always respond to everything, but any comment regarding the bill situation? :)
 
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usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JenAndCha:
Just curious and I know you can not always respond to everything, but any comment regarding the bill situation? :)<HR></BLOCKQUOTE>

I am afriad I can not give you a deffinate answer on that. I do know that our resident attorney has answered that question a couple of time in the last month so you might want to search previous posts.

I believe you will be able to get her back into court to pay since it is a court order she is refusing to comply with.
 

MySonsMom

Senior Member
Back child support will be easier to get than the other misc money that she owes your fiancee..For that money I can suggest small claims court.

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~MySonsMom~
 
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JenAndCha

Guest
Actually, that back child support was hard to get too, because she stopped paying the end of July in 99' and didn't start paying again until ordered in march of 2000, and we still have not seen any back pay. It just kills me that a mother can not have anything to do with her child!
 
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usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JenAndCha:
It just kills me that a mother can not have anything to do with her child!<HR></BLOCKQUOTE>

In some way, be thankful.. many of us here wish the opposite.
 

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