What are my rights per say?
My husband and I have had his son since he was 4 months old, he is now almost 18 months. BM has been in and out of the pucture. Her personality and "mother of the year" act just depends on her favor of the month. My husband is sole managing conservator and she is only possesory, no joint anything. She's never taken him to the doctor, dentist, zoo, park. Anywhere. She's never even tried.
I'm constantly put down by her, through my husband of course, that I'm not his mother and never will be. He calls me momma though seeing as how I've been the most constant caregiver in his lufe. Her visitation is every other wednesday for an hour, and she sounds no time with him, she just blabber on to my husband about herself.
I see my rights as equal to my husbands seeing as how I've raised him this entire time and will continue to be a use bm visits will always be supervised. Is this wrong of me? Should I back off?
Or am I right to feel this way?
I understand your point, but
I understand your point, but I have to say that your wording is upsetting to me. I "feel" as though I am my SD mom, regardless of her mother, because like the poster, I have been there. Though in my case for years, where as BM has not been. The comment about "ACTING" like the child's mom is what really gets me though. I have a "Step dad", but to me he is my real dad. I believe bio dad is still in prison. Plenty of kids are with foster families, or adopted, or being raised by someone else. You wouldn't tell them that the person rising them was not there real mommy or daddy.
In our situation my SD, believes that she has a daddy and to mommy's.
Sorry, just wanted to get that out there as a person in a similar circumstance.
Regardless of wording and
Regardless of wording and your past experiences or feelings, you are asking about legal rights. Legal rights take no emotions into consideration. It is immensely kind of you to care for this child as though she were your own and you can be secure in the fact that this little girl will one day recognize all that you have given her.
However, LEGALLY you have no rights. You did not give birth to the child and although you have invested much of yourself - emotionally, financially, mentally, physically - into her, she is not yours. If her BM were to show up and go to court for custody, you would only be taken into consideration as an accessory to the BF.
Welcome to the world of Parent, Not Mom. It sucks, I know. I'm dealing with it now. I wish you luck with your situation.
Unless you or DH get BM to
Unless you or DH get BM to give up her parental rights and you adopt this child, you have no real rights to the child.
If your DH died, you probably wouldn't have a leg to stand on unless you wanted to try to prove BM unfit in a custody battle that you'd probably lose unless she was a crack-addicted street walker who took the child with during her "dates" and did crack in front of the child while allowing others to beat the child. Seriously. Most courts give BMs many MANY MANY chances to be their bio-child's parent.
I agree with you ...your a
I agree with you ...your a parent regardless of genes it's a role and responsibility many on this site wont agree with you as they have disengagement baggage from the stress. It's a tough position with not much power. I am a step mom of three years. I have power as the wife and other adult in the home. Expect respect
Wait, you're not a mother if
Wait, you're not a mother if you see your child on visitation terms?????
Then the vast majority of men posted about here are not fathers. Really, they pretty much all see their children based on a visitation schedule.
OP, no matter how much you for or love that child, as a SM, you have no legal rights.
what Disney said....hell,
what Disney said....hell, half the DH's on here are only EOWe....
Thanks. To the first comment.
Thanks. To the first comment. Very rude. Just cause he didn't come out of me it makes me no less of his mother. She has barely been in the picture and has always had supervised visits because cps and the judge do not see her fit to be alone with her own son. In my home? He's only in my home. He is not allowed in her home, oh wait she doesn't have a home. He only sees her in our home, the few times she decides to show. She only shows up to her visit when she gets a new boyfriend and wants to try and bring him, only to quit showing up again when she's told no. But thank you for your input.
And he tells me because I would like to know, but she says it in front of me at her visits, which I think is inappropriate to discuss when shes supposed to be playing with her son, which NEVER happens.
Why rude? The poster was
Why rude? The poster was clear that without legal rights as a 'mother', you are not legally the mother.
You don't have the right to have a relationship with this child unless one of the parents permit it. If something goes wrong with your current relationship, you most likely will never see this boy again. That's not rude, that's reality.
Why rude? The poster was
Why rude? The poster was clear that without legal rights as a 'mother', you are not legally the mother.
You don't have the right to have a relationship with this child unless one of the parents permit it. If something goes wrong with your current relationship, you most likely will never see this boy again. That's not rude, that's reality.
Echo wasn't rude at all.
Echo wasn't rude at all. Echo was just right. You don't have equal rights as the father. You haven't adopted the child and the child still has a mother. Clearly not a good one, but a mother nonetheless.
If your DH were to pass, do you think you have more "rights" than her? You would have a serious serious legal battle on your hands. It's hard when you are a better parental figure than their biological parent, but you should never be confused about who's who.
Hi! My name is Tammy and I
Hi! My name is Tammy and I would love to chat with you about your issues. I am in the same boat! If you would like to chat with me please let me know. This is all new to me. :?
Well said
Well said
Officially and legally you
Officially and legally you have no rights but in reality you have every right you chose to take.
My bride and I met when SS-21 was 15mos old and married a week before he turned 2yo. He has always been on my medical insurance (at least while he was a minor) and I have been his dad in every way, shape and form. I was the dad that enrolled him in school, I was the dad that attended every parent teach conference, I was the dad that made doctor’s appointments and took him, I was the dad that put him on and took him off of airplanes, I was the dad got his passport, etc......... Of course his mom (my bride) participated too.
No one ever questioned my "right" to do these things and I always did what I thought was best as his father.
So, my advice is do whatever you chose to do whenever you chose to do it until someone in authority tells you that you can't. The only person in authority is a Judge IMHO and then only if they are intelligent enough to keep any stupid decisions they may make from being reversed on appeal.
You and your SO are equity partners in your relationship and that makes you an equity parent to any children in your home regardless of biology. The NCP BM can kiss your ass if she has a problem with you parenting YOUR Skid in YOUR home. If she has the resources, brains and stroke to take you to court then tell her to bring it on then destroy her. Family law judges may generally be the bottom 10%er idiots of the legal profession (in my experience and opinion) but even those numb nut morons can see who a kid's REAL parent(s) is/are. At least most of the time. If BM does not have the resources, brains or stroke to change the fact that YOU are for all but legal purposes your Skid's mother then she can STFU.
All in my legal layman's experience and opinion of course.
No arguement from me. Your
No arguement from me. Your story is very similary to mine with my SS's Sperm Clan. They bitched and whinned about me being his dad but when the Judge ripped them a new asshole for it they STFU and crawled back under their rock.
Keep up the good work .... Mom! }:)
I registered the Skid for
I registered the Skid for school. I picked up his passport from the passport office, I took him to the PO to register for the selective service, I did whatever I wanted as a parent whenever I wanted to do it.
All without legal rights. When the Sperm Idiot bitched he STFU because that was the only choice I gave him.
Had something happened to his mom I would have been SOL until I pummeled the Sperm Clan in to submission and got custody. I may not have been successful had that happened but I would have done everything I could to make it happen.
That is how it has been for me as SS-22's dad.
In the early 00s the rules
In the early 00s the rules changed on Skid passport applications requiring the presence of one BP and a notarized approval from the other BP if the BPs are not married.
We got SS's first passport when he was ~6yo and only DW had to be there or sign the ppw. When we renewed when he was 14 the rules had changed requiring the notarized letter from the NCP. He was tall and looked several years older than his actual age (The Skid could grow a griz Adams man bush beard at 12. I am 50 and can't grow one to save my life) so we wanted a new passport so he could show official ID if necessary when traveling for visitation.
Of course I could not do the passport stuff because I, as a step parent, have no legal rights. The passport is the only thing I could not do entirely of my own volition when it came to being the Skid's dad.
When my grandmother was showing signs of dementia and we were trying to get her set up for aging our attorney told us that rather than having her declared incompetent to just do what we thought best until someone in authority told us otherwise and the only authority was a Judge. I took that concept and applied it to SParenting.
IT worked as well in raising my Skid as it did in caring for my GM and using her money to care for her. I did what I thought best and no-one ever said a word about it.
I did not push issues in situations that I knew I could not do and the only thing I ever tempered my action regarding was the passport. I just made sure his mom was with us when we went to submit the application for renewal.
Legal rights have nothing to
Legal rights have nothing to do with passports I as a step signed your wrong. Duh you don't think medical is legal ...it is I can take my step kudo to the doctor too. But if they want to turn off a ventilator I don't have power. I can't name the child or sign for them to get married early can't sign for surgery legal rights don't normally effect daily lives whoppie
Legal rights have nothing to
Legal rights have nothing to do with passports I as a step signed your wrong. Duh you don't think medical is legal ...it is I can take my step kudo to the doctor too. But if they want to turn off a ventilator I don't have power. I can't name the child or sign for them to get married early can't sign for surgery legal rights don't normally effect daily lives whoppie
Ok. Thank you all for your
Ok. Thank you all for your opinions.
your website Statesthat step
your website Statesthat step mom are considered does natural parents in many cases and depending on their activity in the child's life can be considered in visitation orders it's not all black and whitethat parents do have power regardless of legal lines
your website Statesthat step
your website Statesthat step mom are considered does natural parents in many cases and depending on their activity in the child's life can be considered in visitation orders it's not all black and whitethat parents do have power regardless of legal lines
You asked about "rights".
You asked about "rights". The original answer was spot on. I'm sorry. I know that your biology is in full forward but legally you're nothing but a step-parent and there is no such thing as legal step-parent rights except as defined by a judge to the best of my knowledge and that would only apply to the individual case before that singular court. You asked the question don't flay the messengers.
"SHOULD I have legal rights?" might have brought different answers.
Further if the mother is visiting the child on a weekly basis you're never going to legally displace her as the mother, never adopt her without the mother signing off no matter how poor a mother she is. In law blood is not thicker than water its almost concrete and rightfully so.
Your best bet at this point is if you husband will do as suggested above. He cuts the mother off completely when the mother starts up her blather and no matter how much of it she manages to get out none of it is repeated to you. Her blather is irrelevant and not worth repeating.
There are organizations that specialize in supervising parents who cannot be trusted to be alone with their own children - usually drug addicts and such. They'll keep written records of her antics but can't share the records with anyone but a court. Can one of these be used for the "visitation"? How about Dad's mother or father?
Hopefully if this woman's audience can be removed she'll grow weary of having nothing to do while "visiting" the kid and she'll stop showing up entirely. In time her abandonment will give you and your husband a opening to removing the mothers parental rights.
But be prepared, it will be a expensive proposition lacking the bio-mothers signature. Best of luck I hope this child can be adopted by you. However considering the statistics of divorce in western societies if he were here I would warn him against taking this step lightly as he could end up divorced from you and paying child support to you. If he had not allowed your adoption he could have simply walked off with the child at any time.
Echo's post was perfectly
Echo's post was perfectly spot on, whether it's what you wanted to read or not.
I'm in the same boat as you. I'm raising my SS, I make all the sacrifices for him that his BM doesn't, I take him to the doctors, deal with his school, etc. I do this because I choose too. I've been raising him for 3 years now and before that my DH was completely a single parent with no BM in sight.
I have absolutely no legal rights to my SS at all.
My DH and I just went through a long custody battle last year because BM was threaten by her own mother to do so - she didn't care about seeing her son at all. Now, she sees him one day a week and ignores him the entire time.
The mediator and judge didn't care that I cared for him in the absence of his BM, they didn't care about my sacrifices, and they didn't care about my feelings at all.
This is the price you pay for being a loving stepparent.
you have ZERO rights...the
you have ZERO rights...the end....
Again thanks. Don't really
Again thanks. Don't really need anymore opinions. Yeah a "mom" who could've had custody of her son but put meth over his health is a mom. Yeah she's some " mom" sees her son twice a month for an hour at a time at our home, IF she even decides to show up, which is usually the case. Thank god he can't understand and doesn't know who she is. Yes she's such a good " mom" she doesn't even have the slightest idea on how to play with, spend time with, or communicate with her own son when she does decide to show up.
I wish she got him every other weekend! Men don't choose to get their kid every other weekend that's what's given to them. She got an entire year of chances with cps and the court and didn't change a damn thing about herself or her situation so she has list him forever. She can't take my husband back to court, tgat chance already passed. The judge told her that. This is all the visitation she gets from now on.
Court papers state her ONLY right is visitation . So I guess technically my husband has all the rights. Thanks.
None of that matters. You
None of that matters. You have no legal rights to that child.
damn Disney, you beat me to
damn Disney, you beat me to it!....
I can only really add to what
I can only really add to what other people have posted, at this point in time you do not have any legal parental rights over the child.
You do however have the right as a step parent to be as involved or not involved in parenting this little boy as you choose, with your partners support.
Hes a baby, well toddler now but still, hes very young and its natural that you feel more parental responsibility because of this. You have been able to give him all those baby cuddles and all that bonding time whilst hes been so little, which is great but you have to remain aware that things could potentially change in the future.
Personally I would have your partner get the current visitation schedule changed, I wouldnt be allowing this woman into your house, particularly if shes using every opportunity to speak negatively about you. You tried it out, she wasnt able to respect that basic fact so she doesnt get that right.
Have the visitation place changed to somewhere like a police station, theres various other people here that have that. It also makes it easier for the occassions that she doesnt bother attending. If her record remains equally awful over the next however many months then think about looking at removing her parental rights if thats the path you want to go down.
Just be aware that as the little boy grows up he may want to reach out to his biological mother, and that wont be because of something you have done, thats just the way it goes. Same as with adopted kids, can have great adoptive parents but sometimes theres just that urge to find out and have contact with the biological family. Same goes for drug abusers, particularly if they are the kind of people to flick in and out of the childs life waving the "I always loved you but your daddy stopped me from seeing you" card and yes that line gets used an awful lot.
>particularly if they are the
>particularly if they are the kind of people to flick in and out of the childs life waving the "I always loved you but your daddy stopped me from seeing you" card and yes that line gets used an awful lot.
As does "I always loved you but your mommy stopped me from seeing you".It's not always true, from either sde.
My SS9 called me Mommy until
My SS9 called me Mommy until his own mother was released from jail when he was almost 4 (she was in for two years). I have always cared for him as my own, but she corrected him. I'm NOT his mother. Gosh, that was and is the hardest thing to accept because I love him so much and feel extraordinarily protective (Momma Bear).
Just be prepared to deal with these conflicting emotions and sticky situations indefinitely. It's so hard, but your SS needs you just as mine needs me. We're just not Mom, we're Step-Mom.
Hopefully, his BM will eventually accept your place in his life. Good luck!
It's a rough ride!
I just googled Step parent
I just googled Step parent rights in Oregon and I find that I DO have rights to the child I have helped raise for the past 4.5 years. My DF has joint custody and I have been apart of that childs life by his consent. It would be a long and lengthy process, but
"Oregon law protects the rights of a stepparent who has formed a relationship with a minor child. During a marriage, both the stepparent and the non-custodial birth parent have a financial obligation for a minor child. However, a stepparent's financial obligation ends when a divorce judgment is entered.
During a divorce or separation proceeding, a stepparent who has maintained an ongoing personal relationship with a minor child may petition the court for visitation and contact rights. You must show a substantial degree of contact with the child for a period of at least one year. You do not have to show that you had physical custody, only a relationship with substantial contact. If the court finds from clear and convincing evidence that visitation is in the child's best interest, it may order visitation. "Clear and convincing evidence" is a higher legal standard than is required in other cases.
A petition for stepparent visitation rights may also be filed in a new legal proceeding or through intervention in an ongoing juvenile court, guardianship, or family law proceeding.
Custody may also be sought in special circumstances, where a stepparent can show a child/parent relationship. To seek custody, you must show physical custody of a minor child within the six months before filing an action. It is important but not enough to show that you provided food, clothing, and shelter to the child. You must also show that you have assumed parenting responsibilities, at least temporarily.
Generally, in custody contests between a birth parent and a stepparent, the court will award custody to the birth parent, absent some compelling threat to the child's present or future well-being. The "child's best interests" standard does not apply in these situations. In some cases, if the birth parent abandons a child for a substantial period of time, it may be sufficient to warrant custody to a stepparent. Stepparents may also seek to adopt a minor child.
Establishing stepparent rights can be emotionally difficult and legally challenging. Whenever possible, professional legal advice should be obtained."
CHECK WHERE YOU LIVE!
I am the legal, signed by a
I am the legal, signed by a judge, caregiver of SS in his father's absence. Caregiver is a loose term, I know, but it is spelled out that I have the authority to act in the best interest of SS regarding daily and emergency care without having to confer with BM except in emergency situations and then I have 24 hours to notify her