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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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I have sole physical custody and joint legal custody of my

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I have sole physical custody and joint legal custody of my children with my ex-husband. We have been divorced for five years. I have always been the primary caregiver, and am actively involved in my childrens' lives. My ex re-married recently and now insists that I copy his wife on all emails about parenting time, child support, education and medical discussions and decisions. He wants his wife to attend school conferences, but I have told him that I do not consent to this nor to including her on any major legal discussion or decision for our children. Does his wife have any legal rights to our children? Am I within my legal rights to exclude his wife from school conferences and any other major legal, education or medical discussions/decisions? If he brings her to conferences even though I have told him I do not consent, what legal recourse do I have? Thank you! Becca

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Your divorce parenting agreement is the controlling factor. That agreement states that you and your ex-husband have rights to the activities listed. You can therefore ask school officials to ask the step parent to leave. You are under no obligation to copy his new wife on any communication. Again your parenting agreement probably states this information is only do to the father.

 

You can also ask the new wife be excluded from any communications with health care professionals.

 

In order to stop step parents interference you could file a motion for an injunction to prevent the new wife from the activities mentioned, and prevent father from bringing new wife. You cannot prevent father from seeking his new wife's advice and presenting that to you. You are under no legal obligation to talk to the new wife.

 

 

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Customer: replied 3 years ago.

I don't think the divorce decree specifically calls out that "only" the father should get that information. Can I assume that "parties" refers only to the biological parents?


 


It states: Access to Information - Pursueant to Minn Stat 518.17, subd. 3, notice is hereby given to the parties:


 


Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. Presentation of a copy of this order to the custodian of a record or other information about the minor children constitutes sufficient authorization for the release of the record or information to the requesting party.


 


Each party shall keep the other party informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, education progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each party.


 


In case of an accident or serious illness of the minor children, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment.

The party's mean who is on the complaint. In a divorce it is the husband and wife. The new wife is NOT a party and has no rights under your agreement. Anything she gets must be based on your agreeing to her have access to.


Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).


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