step parents rights???

[faithnlve]

Talking to my ex the other night we had a discussion in regards to our son who is going on 10 how to handle if something happened to one of us. It became a debated conversation. First off, my ex has custody and I have 50 percent time with my son. My ex's new wife treats my son good, and cares for him alot. We have had our issues believe you me with her trying to get him to call her mom, but he didnt want to and is not as far as I know. But we are past those issues. I think that was because she cannot have children with my ex, he had a vasectomy. Her choice to marry him. Anyways, the question is this. What rights does my ex's wife have in regards to visitation rights if dad passed away? My ex seems to think that the court order stays the way it is since it is the home my son was raised in and that his wife would have rights to raise him. I disagreed and said our son would move back in with me, but I would not keep her from spending time with him, since they do have a relationship together. Well, she gets on another line and says she should since she helped raise him for the past 6 years that she would contest my son going back to me and that she would petition to be his guardian if her husband died. I told her that is not legally possible since I am still his mom and she has no rights to a guardianship unless I agreed to it. I then said to her this is why you should try to get along with all involved instead of always fighting with me when I need to talk to my ex about our son. Anyways, I am right, right?

 

[betterthanher]

Stepparents have no legal rights. There might be some EXTREME case law on the books, but I would venture to guess they are few and far between.

 

[Halls]

Step parents have no rights and if your ex died you would get your child and step mom would not have any rights to the child just as she doesn't have rights to him now.

UNless she has a child who is a half sibling would a court consider some type of sibling visitation but that is it, and even than the visitation would be for the siblings, not for a step parent.

 

[ceara19]

Step parents have no rights and if your ex died you would get your child and step mom would not have any rights to the child just as she doesn't have rights to him now.

UNless she has a child who is a half sibling would a court consider some type of sibling visitation but that is it, and even than the visitation would be for the siblings, not for a step parent.

Even then it's very difficult to get unless both parties are in agreement. If the child is close to the step-mom and dad were to die, I'm sure mom will want to do what's best for the child. Even if that means letting him continue to have a relationship with SM. I think she's just trying to explain to SM that she has no RIGHT to visitation, not that she will necessarily sever all ties if dad were to die.