Legal Question in Family Law in Arizona
I live in Arizona. My ex-husband and I have joint custody of our three children; I am the primary residential parent and he has visitation which he uses. We have both remarried. Are our spouses legal guardians of our children, their step-children? Do they share the same rights as my ex-husband and I when it comes to the terms of the parenting agreement? For example, when my ex-husband travels for business, should his wife expect to have the same visitation in his absence that he has when he is in town?
1 Answer from Attorneys
No. The new spouses do not hav any legal rights to the children per se. Now if one of the parents died, heaven forbid, or their parental rights were taken away for some extreme misdeed, then a step-parent could become a legal guardian, adopt or otherwise gain legal rights. A new spouse cannot exercise visitation (now legally termed "parenting time" in Arizona, by the way) in lieu of an absent parent. The other parent should get right of first refusal; that is, if a parent cannot exercising their parenting time when it is their turn, they have to notify the other parent so they have the opportunity to be with the kids.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
