Step parents rights and contempt

My husband went out of town this week and is due to arrive tonight. It's our weekend for visitaion of my son ( well, step son ).

Thursday evening I called to make sure I could come and get him. His biomom told me no, and that the visitaion was with his dad not me. So, my husband has to pick up his son after driving 13 hours back home, then come here. Can she be held in contempt for denying a visitaion??? I'm his wife************** and have been around my son ( step son ) since he was five months old.


Any advice? or help?????

[I AM ALWAYS LIABLE]

Originally posted by Dogmatic_1
My husband went out of town this week and is due to arrive tonight. It's our weekend for visitaion of my son ( well, step son ).

Thursday evening I called to make sure I could come and get him. His biomom told me no, and that the visitaion was with his dad not me. So, my husband has to pick up his son after driving 13 hours back home, then come here. Can she be held in contempt for denying a visitaion??? I'm his wife************** and have been around my son ( step son ) since he was five months old.


Any advice? or help?????

My response:

Simple. I'll answer your question with a question.

Does your name appear on the court orders?

IAAL

No sir, my name does not appear on the paperwork, or court order. I have an appointment with a lawyer to modify the agreement.


What do I do If the birthmother won't sign it??? I should have some rights. This precious child has been in my life for two and half years. He's my heart. It's not fair that just because she can keep him from ME, that she does.



Can I not act in place of my husband and exercise his rights?

[I AM ALWAYS LIABLE]

Originally posted by Dogmatic_1
No sir, my name does not appear on the paperwork, or court order. I have an appointment with a lawyer to modify the agreement.


What do I do If the birthmother won't sign it??? I should have some rights. This precious child has been in my life for two and half years. He's my heart. It's not fair that just because she can keep him from ME, that she does.

Can I not act in place of my husband and exercise his rights?

My response:

No, you cannot "act in place of your husband." You are not a part of the Visitation and Custody order. Period.

If she doesn't voluntarily sign a modification of the Visitation and Custody order, your attorney will tell you that, basically, you're "out of luck."

The Supreme Court of the United States already decided "Third Party" rights in the case of "Troxell vs. Granville," which basically said that natural parents have the final "word" when it comes to Third Party visitation. You are the "Third Party". And, if Momma Bear says "No," then it's no, and you have no rights based upon your fact pattern.

IAAL

Ok..... My mother in law has grand parent rights**************. can I she inforce her granparent rights and bring my step son to me?

[I AM ALWAYS LIABLE]

Originally posted by Dogmatic_1
Ok..... My mother in law has grand parent rights**************. can I she inforce her granparent rights and bring my step son to me?

My response:

When were the "rights" granted to her - - month and year?

IAAL

December of 2001 same time as the joint custody. We paid for both! My mother in law is furious that after everything that we have been through with my step SON that the mother is keeping her from us. She's only had custody back for 6 months......

[I AM ALWAYS LIABLE]

My response:

Okay, the "rights" extend only as far as Grandma (your mother-in-law). If Momma Bear discovers that she is handing over her child to you, without Grandma being present to exercise her Grandparent rights, then your husband could be in for a lot of trouble going against Momma Bear's decision. Also, Grandma could have her "rights" revoked for violating her Grandparent Rights orders, and disregarding Momma Bear's decision.

Unless you obtain your own Third Party rights (which is improbable because you're only the stepparent), I wouldn't "screw" with the judge, or the judge's orders. That's asking for trouble.

IAAL

Ok, thanks for your help. We have an appointment to amend the original agreement. I'm glad I know more now. I could have just wasted 200$ Perhaps my hubby and her need to have a meeting. Thanks,

Dogmatic_1

[I AM ALWAYS LIABLE]

My response:

You're welcome. Just remember, in all of this, the child is not your "son." I've noticed your emphasis on this word in your posts. The child is not your flesh and blood. The child belongs to another woman - - from that woman's DNA, not yours.

"But for" the goodness of other people allowing you to see the child, you would never be able to interact with the child again. This could, in fact, happen to you if you were to divorce your husband.

IAAL

[I AM ALWAYS LIABLE]

Originally posted by lovingwife
I have read about.
Your hubby can give you power of attorney to act on his behalf when he is not present. This is not an ammendment to the custody/visitation order and she does not have to agree or sign anything. Your hubby gets this filed and mom cannot deny you picking up child any more.
Just silly the mom being this way, huh? Why is that?

My response:

What you've "read about" is an "old wive's tale", passed around through ignorance, that has no applicability to, or force in, the law. Her husband could give her 100 "Powers of Attorney" and it still wouldn't make a difference to the "rights" that Momma Bear has UNDER THE COURT ORDERS. The fact remains, our writer is a "Third Party", and if Momma Bear say "NO!", then "No" means "No." You can't take the rights away from a parent by means of a Power of Attorney. What garbage !

And, my dear "lovingwife", please tell me how, under your knowledge of the "law", that a Power of Attorney could vitiate what the United States Supreme Court enunciated and decided in "Troxell vs. Granville" ?

Look at it this way - - if what you were saying is true, then there would be no need for Petitions for Grandparent Rights, or Petitions for Third Party Visitation. All you'd need to do is start passing out Powers of Attorney like so much candy.

Oh please, with the Powers of Attorney crap.

IAAL

Thank you both for your help**************.. btw... I do have Power of Attorney on/for my husband. All this does is allow me to pick my " step " son up from daycare or school, or in a needed case to have him treated by a doctor. The biomom and I had a sit down last night, and again this morning. She understands that what she did was WRONG, and not in the best interest of my " step " son.

Mr. Liable************** You reiterated to me that this child is NOT my son. I beg to differ. I ask that when you give future advice you think NOT ONLY as a lawyer, but also as a father. God gave this child to all of us. Not just the biomom. God chose me to be united with my husband. God says my husband and I are ONE person. I know that the law doesn't look at things this, or in this manner. but the whole world can rest assured that this child is mine too, and will always be mine too. As of April 25, I will have real rights. Biomother has finally agreed!!!! YEAH

[I AM ALWAYS LIABLE]

My response:

You're very fortunate that the Bio-Mom has agreed to sign the amendment to the custody agreement.

While "God" may have given the world the child, court's don't deal in God's laws - - and you would have had no alternative if she didn't change her mind.

When I give advice or suggestions, please be assured that I do not base my opinions on God's laws. I deal in Civil laws, just like the courts do. However, if that's the route you want to take, that's fine with me. But, my dear, you wrote to a legal chat room, not a divinity site.

IAAL

[I AM ALWAYS LIABLE]

Originally posted by Dogmatic_1
Thank you both for your help**************.. btw... I do have Power of Attorney on/for my husband. All this does is allow me to pick my " step " son up from daycare or school, or in a needed case to have him treated by a doctor.

My response:

Please believe me when I tell you that if Momma Bear did not agree with you and your husband for you to "pick my "step" son up from daycare or school, or in a needed case to have him treated by a doctor," that "power of attorney" would be meaningless to try to enforce. Your husband has no "legal" right to give YOU "powers" above those of the child's mother.

If it ever came down to it, you could never have that POA enforced by a court if Momma Bear had said to you, "I don't ever want you to pick up my son from school, or take him anywhere."

But, God might allow it.

However, if you were dealing strictly with "God's law", then why would you use a "Civil" legal paper like a Power of Attorney?

IAAL

Liable**************. Sounds to me like your having a bad day. Your advice was wonderful, all of it. I really apprecaite your time, I know that this is something you chose to do. POA..... I was simply explaining what situations a POA is used in. The funny thing in this case is that I have POA for the BIOmom as well. She gave that to me when she moved to N.C. a few years back. I KNOW that BIOmom has more say then I do. However************** She shares Joint SOLE Custody with my husband. The papers stipulate everything! Neither one is ALLOWED to make medical, educational, etc... Choices without the other. The BIOmom has never flexed her muscles with my husband and never would.

As far as God**************. all I said about GOD was that in his/her's/it's eyes, my husband and I are one. I know the law doesn't see things this way. I work in law enforcement. My mother has been a realistate lawyer in Atlanta for over 18 years. I respect what you do! REALLY!!!!!


All that I ask is that you try to be more human about things. Your like a doctor coming in and saying YOUR GONNA DIE, AND I CAN'T HELP YOU. Are you a father? Would you like it if someone kept you from your children???? Anyways thank you very much again. You have really helped me alot. I hope that in the future you are the ones to answer my legal questions.

Dogmatic_1