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Are step parents always legal strangers?

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mistoffolees

Senior 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)
The line is somewhere around when something goes from being 'his' problem to 'our' problem.
 


sometwo

Senior 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?

The line is somewhere around when something goes from being 'his' problem to 'our' problem.

or

When not only is step mom trying to control her own home but mom's house too

Or trying to actually be the mom

Or posing as mom.

Or doing everything she can to make sure its all about her or that she is noticed instead of it being about dad mom and child.

Step mom can be a parent of her own home and her own life as long as it does not interfere or track on mom or dad's rights. A good step mom understands that she can love with all her heart but still accepts that fact that she is not mom and can live with that.
 

justalayman

Senior Member
Step mom can be a parent of her own home and her own life as long as it does not interfere or track on mom or dad's rights. A good step mom understands that she can love with all her heart but still accepts that fact that she is not mom and can live with that.
yet stepmom is included in the custody and visitation order. That gives stepmom legally enforceable rights.
 

sometwo

Senior Member
yet stepmom is included in the custody and visitation order. That gives stepmom legally enforceable rights.
She may have stipulations in the order but she is still not a party to the case in any way.

From what I understand its just as like in my husband order where it included people who could baby sit stepson on mom's time. That did not give those people more rights than mom or dad or anything but there was a good reason to include those people in the orders.

Just as it was put in my husband's papers that stepson lived with husband and his wife.

People can be included in the papers but that still does not mean they're a party to the case per say.
 

sometwo

Senior Member
I just thought of another question in relation to this and step mom having "enforceable rights"

Since Mom and Dad are the only two actual parties to the case (unless I missed it where it was different?) it seems that dad would have to file to enforce step mom's so called rights. Or would step mom be able to do that?

It seems to me that Dad would have to file contempt not step mom since he is the one that is the party to the case.

What would be the rule here?
 

justalayman

Senior Member
A lot of the others are better at domestic relationship orders than I but in most orders and contracts, there is such thing as 3rd party beneficiaries rights. I suspect since she was named as a beneficiary of the order, she could seek an action on her own if her rights are infringed.


I suspect it would result in a re-write of the order removing those rights and since she is not actually a party to the situation, she would have no standing to seek reinstatement but, until then, she should be able to argue her rights under the order without the husband.

Without the complete order, it is difficult to ascertain just what rights SM actually has though. It may end up they are only ancillary benefits and as such, would have no right to sue to demand her rights and be more like your situation.

The major difference is SM was included by name though and given specific rights. Take note though that those rights are extremely limited. What is posted is merely showing a right to be given some information concerning the child. Along with that, when it spoke to medical and educational decisions, it spoke only to "the parties", which, unless SM was included as such, does not extend those rights mentioned to SM.
 

LdiJ

Senior Member
A lot of the others are better at domestic relationship orders than I but in most orders and contracts, there is such thing as 3rd party beneficiaries rights. I suspect since she was named as a beneficiary of the order, she could seek an action on her own if her rights are infringed.


I suspect it would result in a re-write of the order removing those rights and since she is not actually a party to the situation, she would have no standing to seek reinstatement but, until then, she should be able to argue her rights under the order without the husband.

Without the complete order, it is difficult to ascertain just what rights SM actually has though. It may end up they are only ancillary benefits and as such, would have no right to sue to demand her rights and be more like your situation.

The major difference is SM was included by name though and given specific rights. Take note though that those rights are extremely limited. What is posted is merely showing a right to be given some information concerning the child. Along with that, when it spoke to medical and educational decisions, it spoke only to "the parties", which, unless SM was included as such, does not extend those rights mentioned to SM.
Its still quite an odd situation and could only have happened by agreement. (in this case a mediated agreement). Its certainly not something that a judge would have ordered against the will of one of the parents.

I would agree that if the matter, in the future, ended up disputed in front of a judge, that its quite likely that stepmom would be removed from any orders.
 

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