Legal Question in Family Law in California

Stepmother rights

We have 13 year old son. I the father have sole custody and my wife has been his mother since he was less than 2 years old. His biological mother abandoned him around age 2 1/2. She failed to appear at any court appointed hearings because the judge stated she had to have mandatory drug testing for supervised court appointed visitations with the boy. She never did. There has been no contact via phone, mail, in person, etc. since. He is now 13. Doesn't my wife have the right to sign medical information, etc.? Can I fill some form out and to make it more legal? In this situation it seems so. She is the only mother he has ever had.


Asked on 4/16/09, 11:52 am

1 Answer from Attorneys

James Chau Law Offices James Chau

Re: Stepmother rights

Typically a step parent does not have legal rights to a child, unless the step parent files for adoption or guardianship over the child. They may be entitled to visitation if there is ever a divorce however. I would start with persuading the other parent to consent to the step parent adoption the child.

As always please consult an attorney prior to taking any legal action. Good luck.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 4/17/09, 11:34 am


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