My ex and I are common law married at his insistance during a past court case. We are pending a dissolution of marriage with children now, and he is getting married today. So, when this woman becomes step mom to my son, if the court uses their combined household income to determine child support will she have parental rights to partake in decisions such as religion, medical, or education for my son? I was told I could ask the judge to use only his income to determine child support and have it wrote into a court order that my child will not be allowed to call her mom but only by her first name, but I am wondering if she could end up with rights and if they get divorced one day, will my son and i be stuck with her in our lives forever? Yikes!
2007-07-01 07:47:27 · 10 answers · asked by CJ 2 in Family & Relationships ➔ Marriage & Divorce
they should only use his income. A step parent has no rights to partake in decision making for the child. You cannot put in the court order that your child only call her by first name. Also, if they divorce, she has no reason or right to see your child. He legally cannot marry her if your dissolution of marriage is still pending. She has no legal rights to your son but, let him call her what he sees fit, as a mom i understand this is hard but it is harder on him if it is forced that he does not call her mom. That will cause stress on him that he does not need. Just hope that she shows him love and cares for him and does not treat him badly.
2007-07-01 08:00:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Step Parent Rights In Florida
2017-01-19 11:43:22 · answer #2 · answered by ? 4 · 0⤊ 0⤋
How is he getting married if you are waiting on a dissolution of marriage for your common law marriage? Technically, if you are common law married, you cannot get remarried until the common law marriage is dissolved.
As far as step-parent rights, there really aren't any. Your ex's new wife will have the legal rights to your child of a stranger. However, she will have whatever rights and influence your ex gives her. She may be able to pick your son up from school, take him to a doctor's appointment and that sort of thing. Its not a bad idea to encourage her to be involved, an extra set of hands raising a child are always welcome.
I seriously doubt the court will grant a stipulation that your child only call her by first name. What your son calls his step mom will be a matter between you, your ex, his wife and your son. Personally, I wouldn't demand he not call her Mom, too. It makes you seem petty and insecure.
You want what is best for your child. This new wife may be a wonderful person and give your son much love and care. The more adults loving and looking out for your son, the better. So, what harm would it do if he called her Mom, too? He knows who his bio mom is and will not love or respect you any less just because he added a new member to his family.
A wise woman would use a step mom to her advantage. As kids grow, they want to talk about things to an adult, but might feel uncomfortable talking to a parent. In those cases, a step parent is often who they will go to for help and advice. She could be a great asset. Be her friend and help her adjust to her role as a step mom. Work together to raise your child the best way possible.
IF they divorce, she could ask the court for visitation and they court could grant it. Again, don't think of it as being stuck with her, think of it as having another adult who is looking out for your son.
2007-07-01 08:09:51 · answer #3 · answered by Melanie J 5 · 0⤊ 0⤋
Wow, I'm shocked anyone is answering my question from 7 years ago. What happened was the court said she had no parental right. She and my ex were not allowed to tell my son to call her anything but Miss Dawn, and they were not allowed to refer to her as his mom, only stepmom. The court felt that is an intrusion on my right as his mother. Florida judges feel a child only has one mother and one father and it would confuse a child to think otherwise or call more than one person their parent. She turned out to be a horrible stepparent. She was not capable of loving my son because she tried to force him to love her and he never developed that bond with her. She and my ex were constantly withholding my visitation. In the end, my ex true to his nature was found to be cheating on her the entire marriage. They got divorced for many other reasons as well. They both showed their true colors. LOL!!!
2014-09-27 08:53:51 · answer #4 · answered by CJ 2 · 0⤊ 0⤋
Why are you putting it in a court order that your child can't call her mom? If your child is old enough they probably won't anyway. If you tell your child they can't, they probably will just to spite you.
It seems to me that you are terribly insecure about this new woman in your son's life. If you are a good mom, you shouldn't worry about these things. Whether or not she makes the final decision, she will have her thoughts heard by your ex and that may affect his decisions. No she will not have any rights if your ex and her divorce.
If your dissolution of marriage isn't final, he can't get legally remarried. No she won't have any legal parental rights.
2007-07-01 08:01:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Child support is determined only by the mother and father involved in the case and no others. Step mother only has rights as being married to the father so she will not get any specialrights as a stepmom and whatever name you wants is up to you and dad and not the courts, not a legal matter
2007-07-01 08:06:02 · answer #6 · answered by Arthur W 7 · 3⤊ 0⤋
One does not affect the other. Even if the court uses their combined income to establish child support, as a non-interested third-party the step parent has no legal rights to the child.
2007-07-01 07:53:36 · answer #7 · answered by hexeliebe 6 · 0⤊ 1⤋
One of the most common questions spouses ask when confronting a marriage crisis is this: How can I save my marriage if my partner doesn't want to help find a solution? How do I succeed I am trying to save my marriage on my own? Learn here https://tr.im/htIzj
It is a typical enough story: one partner leaves, the other stays. One remains 'in love', the other is uncertain. Whatever it is that has caused a couple to be apart, the one person who remains bears the prospect, fear, doubt, desire, hope of saving his or her marriage' alone.
2016-04-21 13:28:57 · answer #8 · answered by ? 3 · 0⤊ 0⤋
in the u.s.a, there are no such things as "common law"...and as a step parent, trust me, you have only the legal right that the bilogical parents allow...
as far as calling her mom, he can call her whatever he wants!! there is no law that will prevent that lady! come on, use some common sense
2007-07-01 09:45:01 · answer #9 · answered by poodle mom 6 · 0⤊ 0⤋
As long as she is married to your ex she will ALWAYS be in your lives whether YOU like it or not. Putting a court order in that your son is not to call her "mom" is pretty petty and obviously shows immaturity and jealousy on your part. Basically YOU are insisting that your SON not refer to her as mom, you are admonishing HIM not his future step mother. You truly need to grow up and get past your infantile jealosies because they are only going to hurt your son in the long run.
2007-07-01 09:10:37 · answer #10 · answered by Anonymous · 1⤊ 1⤋