Legal Question in Family Law in Pennsylvania

legal rights of a step mother

since the death of my husband's ex-wife, i have been raising their twins along with my husband, their biological father. i have recently been told that as a step mother just being married to their father does not give me rights to seek medical treatment or make decisions concerning the children. does a step mother need to go for legal guardianship of step children to have any decision making rights?


Asked on 10/02/07, 12:51 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: legal rights of a step mother

Actually one would hope that you and your husband would agree to support each others decisions.

If you've been involved with the wins lives and as a care taker you due have standing for custody issues.

Another approach is for you to adopt the twins. Though that might be over kill.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 10/02/07, 1:50 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: legal rights of a step mother

You asked about decision making authority for step-children.

I think John missed the crux of the question. You need authority for the children's immediate medical care in the absence of the father.

There are two general means to accomplish this. The most broad is to adopt the children as this provides all the rights of parentage. The other is to have the father execute several copies of either medical or general power of attorney documents for the children. Copies should be submitted directly to the school for inclusion in each child's folder so the matter is dealt with before it becomes a problem. Also, introducing yourself as the child's mother rather than step-mother will often solve the problem with any hassle. Except for a few decisions such as financial or medical it would be perfectly appropriate.

While you're at it the attorney you speak with should also review your estate planning documents (wills, trusts, insurance distributions, powers of attorney for all parties). If you don't have them then they should be drafted at this time. These documents would spell out exactly what is to become of the children your husband die.

Regards,

Roger

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Answered on 10/02/07, 3:12 pm


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