questions & answers

Question: My son's biological father has visitation every other weekend. If he is out of state when it is his time for visitation, do I still have to take our son to see his wife (my son's step mom) or can I keep him at my house until his father returns? My son's step mother does not have visitation rights.

Answer: Visitation and rights associated with it may depend on the language of the custody agreement and/or the court order. Generally, according to the article located here (page 8) children “benefit most when parents support contact with grandparents, stepparents, and other extended family….” However, this may not be the case in all situations. A stepparent’s rights may also depend on how the courts view that person’s status as a parent in relation to the child, (i.e., loco parentis as defined in ARS 13-415 ). Therefore, consulting the custody agreement and any court order may be the best option to identify the rights of all parties.