Legal Question in Family Law in Minnesota
I am a mother who shares joint legal custody of my daughters with my ex. He remarried last year to a woman who once she took his last name removed my name from everything regarding my daughters...school records, emergency contact forms, she changed doctors for my daughters without my consent and found new doctors and put herself as the biological mother on the forms. Does she have any rights as the Stepparent in these issues? I have been an am always a very present and involved mother in my daughters lives and have only been divorced since 2008. I allowed my daughters steppmother to attend a parent teacher conference last year out of kindness and respect concerning my daughter during which she took every chance to insult me or make me seem like my methods of parenting/education were not as good as hers as well as taking potshots at anything I said concerning my daughters schooling. I also had to sit at the end of the table making it hard to maintain eye contact with my daughters teacher and hard for me to get a word in edgewise. I have requested that she not be present at the upcoming conference because of how uncomfortable it makes me and my daughters teacher who mentioned it made her uncomfortable. However upon bringing the issue to the principal, I had to go back and forth to get my name back on school records and met with strong opposition to me not wanting the stepparent present at conferences nor have permission to sign for anything, even to the point that the Principal seemed more concerned with the stepmother's rights than my own. I suggested that my ex-husband could share information with step mother and also raise questions provided by step mother at the conference. I was also told by the principal that if my ex-husband who I share joint legal custody with signed a consent form for step mother to sign permission slips, emergency forms and talk with teachers that she was allowed to without my permission. She failed to see how that infringed on my rights where if it were allowed I would not get any information on my daughter whatsoever. Now I have the burden of proving my rights and the lack of Stepparents rights to my daughters school when she just appeared in their lives within the last year and a half. Is the principal right? Can my ex give permission without my consent for step mother to sign forms, emergency info and usurp my rights completely? Does the step mother have a right to attend parent teacher conferences against my request if it makes me uncomfortable and causes an un-constructive environment for all? What, if any, rights do step parents have in the state of Minnesota?
1 Answer from Attorneys
I believe you posted this same question on my website.
Certainly,in most cases, a court would rule that both parents should be included on school documents as primary contacts and emergency contacts. That does not preclude a step parent from being included as well. There is no doubt that the step parent should not be putting themselves down as the biological parent and/or primary contact.
You would have to file a Motion seeking a court order to correct the records if the school will not do so. There is no basis for a restraining order. However, a family law court may indicate who may do what.
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