Legal Question in Family Law in New York
biologocal Parent rights vs step parent rights
Recently I my ex-husbands girlfriend told me that she will have rights for our two girls because she is going to marry him. She advised that she has the same rights as I to my children. My ex and I have a Joint Physical Agreement that says anytime that one parent can not be with the children during thier time that the other parent has the right to the children until the other parent is available again. By the way, recently he has been charged with DUI, 2nd degree vehicular manslaughter and 2nd degree manslaughter. Any advice on the potential step mom's rights is appriciated.
2 Answers from Attorneys
Re: biologocal Parent rights vs step parent rights
You can have the court modify your custody award, if you have one, based on the best interest of the child. Call me for a free consultation on 718 715 0514
Re: biologocal Parent rights vs step parent rights
Your Ex's girlfriend is talking a lot of HOKEY.
You should not be talking to anyone that by their tone and apparent intention is trying to intimidate you.
No stepparent has rights or obligations to children equivalent to that of a biological parent's rights and obligations.
Although, your conviction? for manslaughter may impact on your custodial application, your Ex's girlfriend...future spouse, will have no rights to your children superior to yours absent her legal adoption of your children.
It appears that your spouse and his girlfriend are attempting to take advantage of your unfortunate behaviour (the manslsaughter) and personal circumstance, which ultimately may demonstrate that, they individually and together, do not have the best interst of your child at heart.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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