Legal Question in Family Law in Rhode Island
my 16 yr old daughter wants to live witrh her step-mother who is divorced from her father. i am ok with it, but I have joint custody with the father. he is in jail and hasn't seen her for years. can he stop this?
1 Answer from Attorneys
Yes, he can. The former step-mother has no legal, parental, or custodial rights with respect your 16 year old daughter. The biological father has the rights and the standing to challenge such an arrangement. Unless your daughter is legally emancipated the child does not have the right to make decisions for herself and nothing gives you the right as a parent to transfer your obligations as a parent to another person. You will still be legally liable and responsible for this child as will her father until she reaches the age of majority.