Can You Exercise Your Spouse's Visitation

**wantjustice** · 12-20-2004, 09:04 AM

I'm getting married in a month to a man that has been previously married and has a child from that marriage.After getting married he will soon be leaving to go to boot camp in the navy and I was just wondering is it likely that he could appoint me to exercise his visitation with his daughter while he was away since we are married. I know that his ex would never agree to it so we would have to take it to court. I just want to make sure that she stays on a schedule and has some sort of routine. I'm sure the judge would ask for other grounds to appoint me, do you all have any other suggestions of why the visitation with her fathers side of the family should remain even tho he won't be home for a few months?

Thanks

**Anonymous** · 12-20-2004, 12:03 PM

The paternal grandparents may wish to explore their rights under KRS 405.021. You should speak with a Kentucky lawyer, but it is likely that as a stepparent you would be effectively viewed by the court as having no greater right to parenting time or custody than any other third party (i.e., a claim that is tenuous, at best), and it is unlikely that a court would simply allow you to substitute in for your husband in the exercise of parenting time unless the other parent consented.

**ron2big** · 01-15-2005, 10:28 PM

my sister in law had your case her husband and his ex wife had joint cusody his ex wife got 3 lawyers and tried to get full custody while this soldier was in another country the court ruled in favor of the stepmom she retained all orders let me know if you would like a talk with my sister in law she could offer insight as a stepmom

**Anonymous** · 01-16-2005, 05:27 AM

The issue of getting custody while a soldier is posted overseas is complicated for the parent seeking custody by the fact that the soldier is entitled to stay the legal proceedings until he returns from duty. If a soldier has been called to active duty (domestic or overseas) the soldier may ask for a stay under the Soldiers' and Sailors' Civil Relief Act.

**ron2big** · 01-16-2005, 07:40 AM

we have a problem with the solider sailor act the courts refused to stay the court date my sister in law was forced to obtain power of attorney for her husband so she could finish fighting this battle the saline county courts refused to recognize the SSA JAG COULD NOT GET INVOLVED nor any congressman that was contacted needless to say she was able to still retain the childs custodys orders she has since tried to raise awareness on the rights of our slodiers to keep there children while they serve there countries and the courts to recognize the soldier sailor act

**Anonymous** · 01-16-2005, 01:10 PM

There are steps a lawyer can take where a judge refuses to honor the law, which vary to some degree depending upon the circumstances and the laws and court rules of the jurisdiction.