Full question:
My wife and I were married in March 2003. She has a son Tyler (age 14 in July) who's biological father had his parental rights terminated when Tyler was a toddler due to abuse issues, for which he went to prison; he is no longer in the picture in any way. My wife and I have been together as a couple since 2001. Although we are married, our question is what legal avenues we need to pursue to ensure that through high school I am able to act as Tyler's guardian/parent (for instance, hospital admissions, sports permission slips, etc.). We thought perhaps 'guardianship', as adoption really doesn't seem necessary nor appropriate at his age. Suggestions?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Missouri
Answer:
A stepparent's rights to access a child's records depend on the school district. Some districts require permission from the biological parent or a power of attorney to access records. A power of attorney for school records is often sufficient, but requirements vary.
Guardianship is a legal relationship where a court assigns someone to care for a minor and make personal decisions for them. Guardianship can cover the child, their property, or both and remains under court supervision until the child reaches adulthood. It allows the guardian to make decisions about living arrangements, education, and medical care.
However, a guardianship limits the ward's rights in areas like contracting and marriage. The guardian is not responsible for managing the ward's income or property but can receive funds for the ward's support, such as social security benefits.
If a guardianship is contested, the court may appoint a guardian ad litem to evaluate the situation. This person assesses the need for guardianship and the suitability of the proposed guardian. The ward may also have separate legal counsel.
In Missouri, a stepparent is required to support their stepchild as a natural or adoptive parent would, but this does not grant the stepparent custody or inheritance rights (Mo. Stat. § 453.400).
To ensure you can act as Tyler's guardian, consider discussing your situation with a family law attorney who can guide you through the necessary steps.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.