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seperated spouse having more rights than birth father?

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smileychic44

Guest
What is the name of your state? Massachusetts

I am writing on behalf of my brother. He and his ex (never married to each other) have a 6 year old daughter together and the mom has married and now is seperated from this man. The "step father" Wants to take my brothers daughter for weeks at a time and my brother doesn't want him to. She says that my brother has no rights to attest this. My brother so far has court ordered weekend visitations but just had her served for joint custody. My question is this, does the step father (he never adopted her) have more rights than my brother to this matter? My brother pays child support and is a great father. he is getting a lawyer but this question just came up today while my neice was with him and the step wants her tomorrow . Any info would be great. Hope my babbling makes sence... :)
 


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DesperateMom21

Guest
As a step parent no,he does not have any legal right to the child.Only rights he has are those given by the mother.
 

Grace_Adler

Senior Member
My answer to does the step have more rights than your brother?
A RESOUNDING NO!! The step father has absolutely no rights what so ever. If he wants to visit with his step daughter he can just like anyone else can, unless there is a good reason like abuse, not to. But he's going to have to do it on the mother's time, not your brother's.

Your brother's time is his time with her. If anyone attempts to override the court order for visitation and denies his visits when it's his court ordered time with her then the mother can be held in contempt of court.
 

haiku

Senior Member
My husbands divorce was in Ma. How I understand it is,

the mom has every right to let the child go with whomever she wants during HER time with the child, she cannot deny your brother his time with his child, and during his time with the child he has every right to have the child be around who ever he wants also.

if the mother is dening him his visitation to give that time to her ex, than yes, your brother needs to begin documenting to build a case of contempt for denial of visitation on the mothers part.
 

kidoday

Senior Member
It is commendable that another man wants to spend time with his step daughter after the relationship with the mother has ended.

As stated no he does not have the right to take your brothers time with his daughter, but rather the mothers time.

However, think on the flip side, if the step father is genuine in wanting a relationship with this special little girl, then would it not be best to work something out between both men and leave mom out of the picture? After all is it not the the little girl they both want to see and not mom?

Best of luck!
 

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