Legal Question in Family Law in Maryland
In Maryland, what rights does a step parent have in the decisions of a step child? I have joint custody including legal custody although my son resides with his father during the school year and with me during the summers (father gets a little more overnight time). Although my son is 4 months away from being 18, his step-mother as all of sudden decided she will make all the decisions for him including telling me I cannot give him a car for Xmas and also telling me that she will decide when he starts college. She uses the excuse that right now he lives with her (school year) and therefore she makes all the decisions in the her household. What rights does she really have in making this major decisions for my son? I know he plans on moving out upon graduation but that is still 6 mths away and all of these "life" decisions are beginning to be made now. We all live in Maryland but the divorce and custody was done in West Virginia (where we all lived at the time). thank you
1 Answer from Attorneys
The stepmother has a right to set rules regarding conduct in their house (curfews, chores, etc.) but not the right to tell you what you can or cannot give to your son or when or where he continues his education. Your son will legally be an adult in 4 months but as long as he lives with his father and stepmother they have some control over his status there. The practical problem regarding the kinds of decisions over which legal custody gives you input (education) is that if your ex is letting his wife "proxy" for him and there is no mechanism within your custody agreement to resolve disputes when the 2 of you disagree, you would have to resort to outside assistance such as mediation or even a court hearing if necessary, although given his age that would seem unnecessary.
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