Asked and answered, I'm sure...

[williaer]

No specific case to ask about- jsut in general:

1. Is there ever a time when the step-parent is considered the legal guardian?


2. Can the step-parent present the child for medical treatment?

3. Can the step-parent sign any forms?


Just curious.

[socrateaser]

>No specific case to ask about- jsut in general:
>
>1. Is there ever a time when the step-parent is considered the
>legal guardian?

Only if a court orders it. Legal Guardian means that a court has awarded a third party custodial rights over another person. A parent can use a power of attorney to delegate to a stepparent the power to act as their agent and to exercise the parent's custodial authority in the absence of the parent.

But, that's not the same as actually being declared a legal guardian, because while a parent can revoke a power of attorney, the parent cannot revoke a legal guardianship.  Furthermore, a third party dealing with a stepparent who has power of attorney, could refuse to recognize the delegation of authority (such as a school, could refuse to enroll a child enrolled by a stepparent under a power of attorney).

But, the school could not refuse to recognize a stepparent holding a certified copy of a legal guardianship order (well, they "could," but you could sue the snot out of them for violating your civil rights).

>2. Can the step-parent present the child for medical
>treatment?

Not enough facts.

>
>3. Can the step-parent sign any forms?

Sure, but if the stepparent has no legal authority, then the signature would bind only the stepparent to pay, it would be a fraud on the physician, and you could sue the stepparent for invasion of privacy in civil court, on grounds that the stepparent had interferred with your privacy interests in a manner highly offensive to a reasonable person.

You could also sue the stepparent for negligence if the child suffered some personal injury as a result of the physician's actions -- and, you could sue the physician for negligence, if it was unreasonable for him/her to have accepted the patient on the basis of the stepparents assertion of custodial authority (this would be very difficult to prove, unless the facts were very obvious, like the stepparent's name was entirely different than the child's).

[williaer]

I have tried convincing my husband of these fact a million times but he is just sure that because "we are married"- that means I am also my Sd's "legal guardian".
I always sign his name on school forms when I sign them at home- then there is no problem.

Interestingly I have never been questioned by anyone when taking her to the doctor,dentist, or school and I think it has to do with the fact that I carry her on my insurance, and I am constantly at the school so they just don't question it (my SD doesn't have my husbands last name- she has her BM's maiden name).

I also think that women are questioned A LOT less- because there are so many that have children with different last names these days.

Thanks Soc, I knew I was right on this one.