Does my ex -husband’s wife have any rights over my children?

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Does my ex -husband’s wife have any rights over my children?

Asked on October 22, 2012 under Family Law, Oregon

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

She would only have general "care-giver" rights that your ex-husband would designate or share with her.  For example, if he is at work and he left the children in her care, then she would have the same responsibility to care and discipline the children just like any other caregiver that he left them with.  He could delegate the same duties to a daycare or a third party babysitter. 

However, just because he delegates or shares his responsibilities and rights, they do not trump your rights.  For example, if you are the parent that has the right to determine the primary residence of the child and the school district they will live in, she cannot trump your right and enroll the children in a private school. 

If you are concerned that she is stepping over boundaries or she is doing things that are detrimental to your children, you can petition the court to modify the custody orders such that your ex-husband cannot delegate any caregiver responsibilities to his wife.


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