My nephew lives with his father (on-going custody battle...very ugly!) the father is married to a woman that is extremely pushy and sticks her nose in EVERYTHING. She has recently signed my nephews medical papers claiming to be my nephews biological mother. (custody is only temp. at this point...and it is shared custody between the father and my sister) We are in Texas....wanted to know if what the step-mother is doing is considered fraud? Contempt of court order? What rights does she really have? (I'm thinking not many rights if any at all!) Any help please!
2007-11-28 06:38:22 · 4 answers · asked by itsjustme 2 in Politics & Government ➔ Law & Ethics
As to her stepson she has virtually no rights in her own person at all.
Her husband can of course give her a medical power of attorney to make decisions that he has a legal right to make for his son.
Richard
2007-11-28 06:42:46 · answer #1 · answered by rickinnocal 7 · 1⤊ 0⤋
The step-mother has zero rights, except in an emergency. She could admit the child to a hospital and approve care if the child were seriously ill.
However, your sister needs to assert her rights. If the medical provider (whose paper the s-mom signed) knew who the real parent was, then they wouldn't deal with the s-mom, nor take any signature of hers.
If your sister can get a copy of the paper, that would help. It would show that the s-mom is overreaching, and the father is not reigning her in. It would help at the final custody hearing.
It is probably not fraud for the purposes of the custody battle. Nor is it contempt of court (the s-mom is not under any court order). The s-mom is not a party to the divorce action. But the father has a duty to control her conduct and keep it within the bounds of the custody order.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-28 14:51:16 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
Well, this is complicated. As the step-mother, she doesn't have any "rights", but if the child's father (her husband) gave her permission (Power of Attorney) to sign papers on his behalf, she can do so. I kinda doubt that they have done that legally, but they could always claim ignorance. Unless there is a specific court order stating that the step mother cannot sign medical papers, there is no contempt.
2007-11-28 14:58:28 · answer #3 · answered by working mom of 3 4 · 0⤊ 0⤋
Step mother has zero legal rights unless granted to them by both parents - this means medical, educational, and everything else.
She has no more rights that a babysitter would.
2007-11-28 14:41:52 · answer #4 · answered by Susie D 6 · 0⤊ 0⤋