Legal Question in Family Law in Massachusetts

Step parents rights

My ex-husband has sole physical custody of my 2 children (age 12 &13) with me having visitation. We have shared legal custody. He is presently serving in the Navy and is deployed to Iraq & the children are residing with their stepmother. What rights, regarding school and medical, does the stepmom have if she was given power of attorney?Since I do have joint legal custody with the father, does the step mom have final say over education and medical decisions while the ex is deployed. My ex says that as soon as he married his wife that because of the marriage she now has legal rights over my children....is this true?


Asked on 1/13/09, 9:51 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Step parents rights

Marriage does not automatically create rights in a step-parent. A power of attorney does help, however. If you have shared legal custody, you have the rights of consultation that one would expect, but through the step-mother.

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Answered on 1/13/09, 11:42 am


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