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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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My husband has Physical and Legal custody of his 3 children

Customer Question

My husband has Physical and Legal custody of his 3 children and their mother only has supervised visitation. Now does she still have the right to decide on educational and medical decisions
Submitted: 4 years ago.
Category: Family Law
Expert:  legaleagle replied 4 years ago.
No she does not. He would have the right to make those decisions since they are under his legal care.
Customer: replied 4 years ago.

Thank you so much. We needed to get this figured out cause she says that she has say just as much as he does. Your answer is greatly appreciated.

Expert:  legaleagle replied 4 years ago.
She is wrong. You are welcome.
Customer: replied 4 years ago.
Ok thanks the school was also giving us a hard time because it doesn't specify in the court order that she doesn't have any say
Expert:  legaleagle replied 4 years ago.
As long as the order says he has physical and legal custody and gives no custody to her, he is the sole custodian with the sole right to make these decisions. Now if the school will not comply he could go back to the judge and ask for the order to be modified to state that he has sole decision making authority and the court should do this, but it is not required. Maybe his attorney from the custody hearing could provide a statement to the school to help out with this issue.
Customer: replied 4 years ago.
Thank you so much this helps me out alot.
Expert:  legaleagle replied 4 years ago.
You are welcome.
Customer: replied 4 years ago.
Also I have one more question...Even though she see's them here and there. I was wondering how hard it would be for me to adopt them...Now I know that she won't sign off. But she's had aggravated circustamces against her and everything else
Expert:  legaleagle replied 4 years ago.

It would be difficult because you have to first get her parental rights terminated. So you would need a family law attorney who handles step parent adoptions and then fight in court to get her rights terminated.

Customer: replied 4 years ago.
would the fact that CYS and the head judge deamed her unfit and only gave her supervised visitation and also that the aggrevated circumstances were filed against her cause she abandoned them?
Expert:  legaleagle replied 4 years ago.
Yes all of that would work in your husband's favor to have her rights terminated. The only problem is if she does still visit and has any relationship with the children. Then the courts are less likely to take away rights because it is a strong belief that it is in the children's best interest to have relationships with their parents. But if she is unfit you have a more than 50/50 chance to get her rights terminated.

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