Family Law Questions? Ask a Family Lawyer Online.
Hi and thanks for your question.
Your ex's new wife does not have any legal parental rights to your children without a court order giving her those rights. A power of attorney signed by your husband is not sufficient to grant her parental rights to your children -- he cannot just transfer his legal rights given to him by the court over to her. I'd be interested in the power of attorney she has, because powers of attorney are typically where he would give her the power over his financial affairs and/or his health care decisions, not those of the children.
In any event, just by virtue of her being a stepparent, she does not have the legal right to make major decisions regarding your children such as those concerning medical treatment or education. If your ex is trying to essentially sign over his rights to your children to his new spouse, then you may very well have a strong argument to modify the custody situation if he is so ready to sign off his parental rights.
I hope that this answers your question; if so, please click Accept. Thanks very much and I wish you the best here.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).