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What are rights of step parent to attend medical appointments? My husband is NCP to two boys, 10 and 8. He shares legal custody

Trenton, NJ |

with ex. The boys are with us 49% of the time. We've been married for 2 years, I have known & been building my relationship with stepsons for 5. Ex wife hates me. she's sent me emails listing every person he's slept with in the past, including details of allegations of cheating. Oldest stepson was recently diagnosed with epilepsy. He was in the hospital for 24 hrs for tests. I went to visit, husband was already there. Ex went crazy, started yelling, said in front of kids "he'll cheat on you too," then had nurses call security to remove me. I have made a concerted effort to contribute both financially and emotionally to the support of the children, beyond what is expected. Am I in loco parentis? What rights do I have to visit step kids in hospital or attend drs appts? Can we file a motion?

Attorney Answers 4


You do not have rights but your husband does have the right to file a motion to stop the ex's behavior, stating it is not in child's best interest.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Your husband could also file a motion asking the court to grant you permission to be there given your overall presence in the child's life. Unfortunately this appears to be a case where emotion is trumping coin sense on the part of his ex.

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I have nothing more to add than what the other two lawyers said. Only your husband has standing and he would probably need to go to court and file a motion. I don't think that a judge would be hard pressed to find a reason not to grant it given what you described.

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It doesn't sound like YOU'RE the loco parentis in this case... (that's a joke for Spanish speaking folks).

Anyway - yes, your husband can delegate to your the authority to see the kids, take them to medical appointments, go to their schools, etc. You can't get a restraining order against mom since it doesn't sound like you two had a family relationship, but you (or, technically, your husband) certainly could file a motion and get it before a judge so as to calm her down.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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