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Step Parent Rights during a deployment

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LovinLife824 2
JPaint21 1
Garbage Vulture 1

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LovinLife824 --- 12 years ago -

This is something my husband is going to be talking to JAG about to see what they say, but I wanted to see if anyone else has had similar situations.

My husband is deploying sometime this summer. He has custody of his daughter all summer, Thanksgiving and Christmas on alternating years and spring break. Since he is deploying this summer, his ex is saying that their daughter is to fly home immediately after he leaves. She is not allowed to finish out the rest of the summer in my care. I have known my stepdaughter since she was a year old and she's now 8. I watch her while my husband works, take her to appointments, the whole nine yards when she visits. My stepdaughter and I have a great relationship and her mother is intimidated by it. I work with children as a profession and have no history or abuse or any record.

So to my question lol. Do step parents have any rights in a custody issue during a deployment? I know deployment and custody is still emerging in custody issues. If not then can't he say that he wants his parents to get his daughter if her mom is uncomfortable with me being with her for a month? 

JPaint21 --- 12 years ago -

It depends on how the custody agreement is set up, and whether or not it mentions how deployments need to be handled. Check the court paperwork. 

Garbage Vulture --- 12 years ago -

The simple answer is No, the step parent does not have rights. Unless the court has stated so in the custody agreement, she goes to her mom when he is deployed. PLease dont take my answer as uncaring because I do understand the situation and Im not judging you or anyone else. Im just saying what the law says. I answer this question and about 75 more like it every week at work. 

LovinLife824 --- 12 years ago -

I'm not taking your answer to heart GV. I appreciate the truth. Fortunately, there is a law in PA that we've come across recently allowing the service member to pass on custody to any family member during a deployment. He gave his ex the choice between me and his mother. She hates his mother more than me, so it worked out in my favor lol. The lawyers are working together to arrange travel dates, since she's not excited in the least about the situation. Thankfully, it all worked out in the end. 

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