IAAL, I have another question

[Whyte Noise]

What is the name of your state? Not really relevent, just a general question.

In Hollis Vernetti's post below you made a comment that I want to ask you about..

"Unless a stepparent has "third party rights" that have been ordered by a court, a bioparent (our writer's husband) cannot simply "confer rights" to a stepparent to allow that stepparent to interfere with the rights a bioparent has to decision making."

Now, if, in a Parenting Plan, Step-Parent rights and responsibilities are detailed (as well as the restrictions) and the court incorporates said parenting plan into the custody and visitation order, would that step parent then have "third party rights"? If there were a section like the following in a PP that the court incorporates, would that be like the "court order" you referred to? (This is just one section that mentions the step)

"That the Step-Parents of said children shall have the right to transport said children for parenting times and custodial periods, school, activities or trips, or to provide any other transportation required in the parenting and custodial care of said children. That Step-Parents shall have the right to share information with any school official or other authority or agency, physician, counselor, psychiatrist/psychologist, health care professional, activity supervisor, friend, relative or any other person concerned with the health and well-being of said children for the purposes of providing said children with proper care and supervision. That Step-Parents shall have the right to seek regular and emergency medical care for said children under the guidelines of this Order, and to consent to such care should the need arise, and a custodial Parent is not available to consent to such care. The Step-Parents shall have the right to touch, hold and carry, dress, feed, bathe, make purchases for, administer necessary medications to, and discipline said children within the guidelines of this Order, with the implied consent of the Parent residing in that home. That Stepparents shall NOT administer corporal punishment, or physically strike said children for any reason whatsoever."

[I AM ALWAYS LIABLE]

My response:

Absolutely, because both bioparents had to have agreed to this.

Look, a court will agree to almost anything within reason, and that fosters "the best interests of the child."

But, when there is no such agreement, one of the bioparents cannot simply confer rights to a "stranger" as regards the child. If the other bioparent does not agree to such an arrangement, then the stepparent gets nothing.

This is really a simple concept.

IAAL

[Whyte Noise]

Yes, it is a simple concept. Steps have no "legal" rights unless the courts say they do. Was just wondering if provisions like this in a PP would be along the lines of what you were referring to.

Thanks!

[I AM ALWAYS LIABLE]

Originally posted by BLCM
Yes, it is a simple concept. Steps have no "legal" rights unless the courts say they do. Was just wondering if provisions like this in a PP would be along the lines of what you were referring to.

Thanks!

My response:

Well, no. Usually what happens is that a parent comes into my office with the stepparent spouse asking for "after the fact" rights, and if there's a law that can force the stepparent down the throat of the other bioparent.

I usually have to wind up throwing them out of my office because, after I have to sit through, and listen to, all of the emotional crap arguments these stepparents make, they just don't WANT to understand that this is the nature of the current law and legal scheme. They wind up "demanding" that I do something, and that's when I show them the door.

Once, it got so bad, I actually had to have security escort a stepparent out of my office and the building.

IAAL

[Whyte Noise]

Wow!

I'd never try to force my way into anyone's life in any way. I think you know me enough to know that much about me.

The above section is actually from my SO's PP that he's submitting to the court in his visitation modification filing. The only reason there is anything mentioned at all about steps is so that when they are in his care if something should happen while he isn't here (at work, etc.) and he or his ex can't be reached, then, I am able to do what needs to be done for his children. Or, if he's at work and they need help in the shower or tub or whatever, I can do that. (Actually, when they were here this weekend, they DID need help in the shower with washing their hair and it was me that helped them. They didn't want dad to. *little girls*) Basically, it's in there so that if things like this come up she can't come back and use it against him that it was "me" that did something and not "him", no matter if he's around or not. I'm not trying to force myself on either her or the children, he just wants me to be able to take care of them "legally" if neither parent is able to at that moment, or like in the case of the shower, they feel more comfortable with a female helping them than their dad.

[I AM ALWAYS LIABLE]

My response:

Good move. Now, let's see if biomom buys into it. She might, if there's a quid pro quo. But, don't expect biomom to accept this voluntarily.

Good luck.

IAAL