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Are step parents always legal strangers?

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mybrood

Member
What is the name of your state (only U.S. law)? Illinois
I read on here all the time that step parents are legal strangers. Is that always the case or is there any situations when a step parent is not a legal stranger?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Illinois
I read on here all the time that step parents are legal strangers. Is that always the case or is there any situations when a step parent is not a legal stranger?


When they adopt their step-children.

But when that happens, they are no longer step-parents.

Perhaps if you added context to your question...?
 

mybrood

Member
My husband and his ex went to mediation and the mediator added my name to their custody and visitation papers.

They say that dad and me get visitation... then lists all the details of visitation. Then they say that dad and me have the right to medical and school information. They say that mom must present either dad or me with all medical appointments or school reports.

These papers were looked at by mom's attorney and signed by the judge.

My husband took mom back to court because mom wouldn't allow me to pick up the child after he had surgery and because she wouldn't inform him about medical and school stuff. I thought that they would say something like dad or me could pick him up but I am included in every step.

I am curious as to what it means that my name was added to their custody and visitation papers.
 

justalayman

Senior Member
actually there has been a case or two on the forum the step parent was included in the custody and visitation of the children. Quite unusual though.


I am curious as to what it means that my name was added to their custody and visitation papers.
It would mean that you have whatever rights are afforded you by the court's order. You would have a right to seek a charge of contempt if the other party denied you your rights as the order states.
 

Proserpina

Senior Member
My husband and his ex went to mediation and the mediator added my name to their custody and visitation papers.

They say that dad and me get visitation... then lists all the details of visitation. Then they say that dad and me have the right to medical and school information. They say that mom must present either dad or me with all medical appointments or school reports.

These papers were looked at by mom's attorney and signed by the judge.

My husband took mom back to court because mom wouldn't allow me to pick up the child after he had surgery and because she wouldn't inform him about medical and school stuff. I thought that they would say something like dad or me could pick him up but I am included in every step.

I am curious as to what it means that my name was added to their custody and visitation papers.


Please understand that the orders actually state that YOU - along with Dad - get visitation and are included to the extent you state, you are by far in the minority of posters and should not be under the impression that this is a normal situation.

I'm curious actually - would you be able to type out word for word (minus names) what the order actually states? It might be very interesting to many posters!
 

Zigner

Senior Member, Non-Attorney
Being named in visitation papers does NOT bring the step to the level of a legal non-stranger.

This legal stranger can NOT make any decisions regarding the child.
 

mybrood

Member
As far as visitation is concerned the order states the following:

"Beginning Jan 7, 2011 and every other weekend thereafter, dad's name and my name shall have visitation with the minor child from Friday beginning at 4:15 pm until Sunday at 3:30 pm." Then it continues with the holidays and so forth.

Under custody is says:

"The custodial parent is mom's name whose authority is subject to the following restrictions or provisions dad's name and my name shall have full access to the child's medical and educational records. The parties shall consult with each other on medical and educational decisions."

Then in a note at the bottom it says:

"Mom will provide dad's name and my name with notification of all medical appointments as wells as any reports and schedules from school."
 

Perky

Senior Member
What reason did the mother give the mediator for not informing your husband of medical and school issues?
 

justalayman

Senior Member
Being named in visitation papers does NOT bring the step to the level of a legal non-stranger.

This legal stranger can NOT make any decisions regarding the child.
Does that mean a parent that does not have any legal custody rights of their own child would then be a legal stranger?

in at least one case, in Minnesota, a "legal stranger" was in fact given equivalent parental rights. A court can give rights to a legal stranger. I suppose that would make them no longer a legal stranger but the fact is, it has happened with a person that was not a bio parent, nor an adoptive parent, and in fact, there was never a legal relationship between her and the adoptive sole parent mother.

Now, I disagree with such an action but the fact is, it has happened.
 

Zigner

Senior Member, Non-Attorney
Does that mean a parent that does not have any legal custody rights of their own child would then be a legal stranger?

in at least one case, in Minnesota, a "legal stranger" was in fact given equivalent parental rights. A court can give rights to a legal stranger. I suppose that would make them no longer a legal stranger but the fact is, it has happened with a person that was not a bio parent, nor an adoptive parent, and in fact, there was never a legal relationship between her and the adoptive sole parent mother.

Now, I disagree with such an action but the fact is, it has happened.
I'm not disagreeing with you...but I was only commenting on THIS poster's situation ;)
 

mistoffolees

Senior Member
As far as visitation is concerned the order states the following:

"Beginning Jan 7, 2011 and every other weekend thereafter, dad's name and my name shall have visitation with the minor child from Friday beginning at 4:15 pm until Sunday at 3:30 pm." Then it continues with the holidays and so forth.

Under custody is says:

"The custodial parent is mom's name whose authority is subject to the following restrictions or provisions dad's name and my name shall have full access to the child's medical and educational records. The parties shall consult with each other on medical and educational decisions."

Then in a note at the bottom it says:

"Mom will provide dad's name and my name with notification of all medical appointments as wells as any reports and schedules from school."
That is a really strange order. Frankly, someone messed up.
 

sometwo

Senior Member
I have also had my name in the papers. That does not give you more rights or the same rights as mother though. Its still under your husband and if you two were to separate or divorce I would guess that would no longer apply and be removed immediately.
 

Monte86

Member
I see alot of posts about step parents being "legal strangers" or "over stepping". I'm just curious when "helping" your spouse ends and "over stepping" begans. Is there a imaginary line to cross or is it case by case?
I would honestly be pretty mad if either me or my ex got remarried and the "step parent" was in our order. (and I am planning to get remarried soon, so its not just a matter of mom being remarried and I not)
 

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