Step Parents

[Bradley]

In Texas do step parents have the same rights as parents?
Specifically signing documents for school, etc behavior sheets, reading logs etc..

[socrateaser]

>In Texas do step parents have the same rights as parents?
>Specifically signing documents for school, etc behavior
>sheets, reading logs etc..

I don't know specific TX law on this issue. But, generally, absent an express court order, a step parent has no custody rights over a child of their spouse from a different relationship, except as expressly delegated to them by their spouse.

Example: the child's parent could provide his/her spouse with a power of attorney authorizing that spouse to act in the child's interests without the parent's further authorization, and this would permit the stepparent to sign documents, and do just about anything required for the child.

However, the parent cannot authorize the stepparent to act as if the stepparent were the OTHER parent, without that other parent's express power of attorney.

I don't usually offer legal advice without the facts of your case, but you caught me at a weak moment. If you have other questions you need to post your facts and ask questions related to those facts, so I can understand what's at issue.

[Bradley]

My wife, the step-parent to my daughter signed a behavior folder and watched my daughter do her homework, prepared for the next school day etc...
My x-wife, the custodial parent complained, stated that my wife is not a parent and has no right to sign papers.  
My wife does not sign for my x-wife...
This is not really a custody issue, only a right to sign a document as a parent. If a step parent has the right to consent for medical treatment, why can't the step parent sign a folder or behavior sheet or report card for school?

[socrateaser]

>My wife, the step-parent to my daughter signed a behavior
>folder and watched my daughter do her homework, prepared for
>the next school day etc...
>My x-wife, the custodial parent complained, stated that my
>wife is not a parent and has no right to sign papers.  
>My wife does not sign for my x-wife...
>This is not really a custody issue, only a right to sign a
>document as a parent. If a step parent has the right to
>consent for medical treatment, why can't the step parent sign
>a folder or behavior sheet or report card for school?

First, let's clear up a definition problem. A "right" is a power to act or forbear from action that cannot be taken away without due process of law. "Authority," is a power to act or forbear which doesn't exist until granted by some higher authority.

What makes you believe that the step-parent has the authority to consent to the child's medical treatment? Absent a court order (or a specific TX statute which may exist, but of which I'm unaware) granting such authority, the step parent has none.

That is to say, if your spouse takes the child to the doctor, she can sign an authorization for healthcare, that will bind her to be liable for payment of services rendered, but she can't consent to permit that the child undergo medical care, because she has no custody rights.

The physiian may be unaware that this is the case, and may treat the child, however if something were to go wrong and the child were to be injured, the custodial parent could sue your spouse for misrepresentation or negligence, because she does not actually have any authority to consent to the healthcare services.

I don't know what a "behavior folder" is, but, given my example above, it should be clear whether there is an issue with your spouse signing it. It may be nothing more than a signature for "show" which has no legal effect, but makes the child believe that everyone is on board with an educational process.

[topnotchdad]

If I may butt in here....

As a step-mom, I feel like it's okay for me to sign the reading logs and homework sheets, etc.

BUT, if it's a legal form, for example, a school permission slip, waiver, etc, I make BF sign it.

Probably, BM is just jealous because step-mom is "parenting" the child.  I know that's how it goes in our household.  If child asks me to sign the reading log, etc, I do it (again, unless it's a legal-type form).  Especially if I'm the one that read with her or checked her homework!  But if she says, "one of our parents is supposed to sign this" then I just defer to BF.

[Bradley]

In the Texas Family Codes, Texas provides the right to step parents to consent to imminization, and medical treatment and the Garland Independent School district gives the right of a step parent to sign such forms. I think the state of texas recognizes a step parent as a parent as long as given permision by their spouse to sign forms, discipline the child and consent to medical treatment. I am sending a form to school that is notorized that says that I give my permission for my wife to consult, recieve information, and sign forms and I am also going to give one to the doctor office and sign a power of attorney. This is rediculous to complain about in our case because my wife does 20x what the actual "mother" does for my daughter.
My wife the step parent is going to continue to sign the forms all forms, except for the choice of school forms.