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Provided the father provides the spouse with a POA, but it would be best to modify the custody/visitation orders to avoid interpretations. see link for help.

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Q: If a child has an established visitation routine and the parent with visitation rights is deployed does the step-parent have the right to see the child?
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If a child has an established visitation routine and the non-custodial parent gets deployed does the court allow the child to maintain the visitation schedule with the stepparent?

Step parents have no legal right to the child so they would have to go through the court and get visitation rights for themselves. The biological parents court order does not apply to the step parent. Another Perspective It would be worthwhile to ask if the custodial parent will not co-operate. Courts make decisions based on the best interest of the child. Not being allowed to visit a loved step-parent would add to the child's problems coping with the non-custodial parent's absence. Deployment cause serious problems for children, missing their parent and worrying about their safety, and maintaining stability wherever possible is essential. Since the step-parent is a permanent part of the child's life their relationship should be allowed to continue. If the custodial parent creates further difficulty for the child by refusing the visits they do not have their child's best interest in mind. The adults should be able to come to some agreement whereby the child can continue to visit the step-parent, perhaps not as often. The court may well agree under the circumstances. If the child has a long standing close relationship with the step-parent the court may allow the child to continue to visit the step-parent in order to maintain some stability in the child's life since the parent's deployment would create difficulty for the child. Step parent rights vary from jurisdiction to jurisdiction.


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