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  1. #1

    Default What are a Stepmother's Rights, Father is in the Military

    My question involves a child custody case from the State of: Texas.

    My friend has a young son with a man she was never married to, and who is active duty Army and is currently deployed. He is the non-custodial parent, obviously, and pays child support. He's also got an older son with another woman. My friend has no problem with letting the brothers see each other, but feels that's between her and the other mother. The issue is that the father got married recently and wants his new wife to have visitations on the weekends/days that we typically be his. Does the new step-mom have any visitation rights to her two step-sons? Is my friend required to take her son to the new wife's house if she doesn't have a court order specifically stating it?

  2. #2
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    Default Re: Dad Active Duty Military + Step-Mom Rights

    Stepmom has no rights; visitation is not transferable in that manner and in this situation. Of course they can come to some sort of informal arrangement, but again stepmom has no rights and she cannot take over Dad's visitation like that.
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  3. #3

    Default Re: Dad Active Duty Military + Step-Mom Rights

    the father has warned he will talk to the AG to enable it to happen. should my friend be worried? he won't be able to change anything until he's served his time, right? thanks.

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    Default Re: Dad Active Duty Military + Step-Mom Rights

    the father has warned he will talk to the AG to enable it to happen.
    He can warn that he's going to tell Canada to invade tomorrow, too. Doesn't mean it's going to happen.

    should my friend be worried?
    Nope.
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  5. #5

    Default Re: What are a Stepmother's Rights, Father is in the Military

    Thank you both. Any other input is welcome.

  6. #6
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    Default Re: Dad Active Duty Military + Step-Mom Rights

    Quote Quoting hornsandahalo
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    the father has warned he will talk to the AG to enable it to happen. should my friend be worried? he won't be able to change anything until he's served his time, right? thanks.
    The way military visitation and custody works is generally along these lines:

    If the CP is the one being deployed, it CAN be ordered that their spouse (the stepparent) actually keeps physical custody of the child during deployment as opposed to the NCP immediately being in line for custody during the deployment (the FCP - family care plan - usually helps here). This happens more commonly when the NCP lives out of State (and thus uprooting the child from school, etc., for what would be a temporary period) or is otherwise unwilling or unable to upset the status quo.

    However despite what many people think (even on these forums at times), the FCP does NOT instantly override the NCPs rights, and just because the FCP says that StepDad can look after the kids this does not mean that the NCP cannot get temporary custody during deployment. Also, the SSCRA does not prevent the NCP from obtaining temporary custody while the CP is deployed.


    Not that the above is relevant to the OP - I'm just trying to illustrate how it works.

    In the OP's friend's situation, she is the CP and is not the military member. Dad cannot "transfer" his visitation to his wife, his parent or anyone else for that matter. It would be unusual for the court to order that against the wishes of the CP, and would likely be quite easily overturned on appeal unless there were extenuating circumstances (ie, stepmom has spent 7 out of 7 years raising the child with Dad).
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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