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Legal right to be present when step child receives medical care

Curious Mind Wants to Know's picture

As the stepparent do I have the right to be present while my step child is seeking medical treatment? The Bio mother to my step children is a total fruit loop and is in total denial "her husband" moved on. They are divorced and I am now married to him but she will not accept that and still sees my husband as her husband. This of course causes a lot of problems with me being a part of her children's life. The biomother and my husband have split custody. Though I care for the children half of the time and take really good care of them she says I have NO RIGHTS. I know I can not make medical decisions and the legal stuff about step parenting verses parents but can not find anything about my rights to be present when my step child is seeking medical treatment. Recently on a weekend my husband and I have custody, my step child had a bike accident and needed to be rushed to the emergency. When we arrived at the hospital and checked him in we called the biomother to come. I stayed with my husband and step child a while and snuck out just before i felt she would almost be there. Knowing how this women operates I knew this was going to be a dramatic event and thought it would be best If I stayed out of her sight. I secretly check in ever 5 minutes or so to see how things were going. Once I knew he was ok and was all stitched up and was waiting to be released I peeped in the room to say hi and let them know I was there for support. She quickly told me to get out and that I had no right to be there. My husband said yes I do and that I was family. The situation escalated quickly so I removed myself from the room but waited in the hallway. I of course do not want to be in the room while the major stuff is happening because I want to give her her place as the mother and know my step son does not need the drama. I don't see anything wrong wi me being there after especially when he is just waiting to be cleared to go. Does anyone know what the law says about this? Do I have the right to be present in this situation?

Maxwell09's picture

I'm going through this now or whether I will be when SS's yearly check up rolls around in a week. I take care of making doctors appointments so when I was at the pediatrician's office with my newborn I went ahead and made his appointment too. Well BM saw me post about being there so now she's trying to be MOTY. As stepparents we have NO rights at all when it comes to medical/legal/financial rights. If she wants you out of the room and your DH is not there to defend your place then you have to leave. I ended up canceling the appointment I made and rescheduled it for a time DH could go. Before I was just going to take care of it and take him myself but if she shows up and asks me to leave then it would be a complete waste of my time. So now I will go when DH can go with me (afterwork) so he can get the info and I won't get removed by BM. You should do the same. For non-emergencies on your time just send her an update after the fact. If it's an Emergency let her know after being admitted into the back. We usual wait until after we have results to let her know, mainly because her showing up would only make things worse and dramatic.

Curious Mind Wants to Know's picture

We did that! We waited to call her till he was all checked in. I removed my self from the room and waited outside till she arrived. I peeped in every now and then till he was all stitched up and good. The door to the room was cracked and I could hear her complaining to my husband and my SS about howbthisnhaooened and how he was going to come with her. I knew I had to go in to support my husband and my SS. She immediately asked me to leave and I had no right to be in there. My husband jumped to my defense and said "I was family and I could stay". Quickly things escalated and I am just wondering if she can take legal action on us for me being in there and if in the future I do have the right to be in there. Normal doctor visits I leave for her or my husband, I do respect she is the mother and do not want to step on her toes.

Curious Mind Wants to Know's picture

So if my husband (my step sons bio father that I am married to) wants me there I can stay?

white_6's picture

My husband just signed a letter saying I have the right to get medical care for my sd. So now i can take her to appts schedule them and such. I take her to all her therapy apps, and most of the time all her dr appts. I called the drs office and asked what they needed and they said just a letter signed by the bio parent whether it be father or mother saying I have the right to be there and get care for the child.