Legal Question in Family Law in California

Stepparent Says She Has Custody Legal Rights

My ex-husband and I have shared custody. My son resides primarily with me. My ex-husband remarried in March and his wife is claiming she now has legal custody rights with my son. Our court orders do not talk about stepparents. Our court orders state that I have first rights to child care when my ex is at work. As a school teacher I have the summers off and I want to take care of my son when his father is at work. My ex's new wife says she can dictate when she brings my son since she goes to work later and it is not considered child care because she is now the stepparent. I want to know if stepparent's in California automatically get legal custody rights? If so, what are the guidelines? If not, what can I legally do to reassert my right as a natural parent?

Thank you for your time.


Asked on 6/15/99, 10:15 am

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Stepparent Says

I know of no statute or case law that gives a stepparent any particular parental rights, at least while she is married to the natural father. If they divorced, there is authority for granting a stepparent visitation, though not custody. "Stepparent" is not some class of persons recognized in CA such as "mother" or "father".

I wasn't sure what you meant about having the child for daycare if dad is working, but you may need to have that interpreted.

To legally assert your rights, write him a letter with your interpretation of the agreement, demand the child per the terms of the agreement, demand that his wife cease in interfering and ask if he would rather deal with you in an adult manner or go to court.

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Answered on 6/28/99, 6:08 pm


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