Step Father Release of Liability

Updated on July 17, 2012
J.K. asks from Arvada, CO
7 answers

I have a 13 year old son who is not my soon to be ex husbands child. However, he and the STBX are very close and he has raised him and been his father for years. My son just returned from Scout Camp and the plan has always been that he go out noew and spend some time with the STBX. We have all been in agreement and the attorneys are aware, most importantly, my son is aware and extremely excited. This morning, my STBX emailed and said he's no longer comfortable with it. He referred to having a waiver or release or something. Do any of you have any idea what he wants and where to find it?? Doesn't he have some protection anyway as we are still married?? I will pretty much sign anything in order to not have this break my son's heart.

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R.J.

answers from Seattle on

It's CYA for all of you.

Just like a grandparent, neighbor, etc... Your STBXH has no legal rights to your son until custody papers are drawn.

- Med treatment
- Travel
- Insurance
- kidnapping (claims of)
- biodad

Are all potential HUGE problems unless you write out 2 forms. 1) your permission to seek and obtain medical treatment in your absence from x date to y date... And 2 a document saying you give your permission for son to be in STBXH care from x date to y date.

From working in healthcare, stating the relationship (stepfather Jon Smith) is helpful... But the DATES are even more helpful. States vary, but these notes are invalid without them, and are only good for 24 hours to 90 days in most places. (24 if you just write today's date /signed on)

Whenever I've left my son with my parents for longer than a weekend -or even a weekend if I'm distant or out of reach, hiking say- I always leave the same 2 notes. And this was BEFORE I filed for divorce. Now that courts are involved its even more important. And that relationship isnt in the process of severing.

Don't take it as an insult (the idea you might call the police and report custodial interference/kidnapping). You might NEVER do such a thing, but others would. And well meaning friends/family MIGHT STILL on their own thinking they're helping you out by keeping you out of it. (Ahem. Including your son, of he got really mad.).

It's just to protect what BOTH of you want. Which is the time with SS&SD

6 moms found this helpful
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A.V.

answers from Washington DC on

I would find out what would cover your STBX in case of emergency during this trip. We have taken the kids' friends on trips and require them to have a notarized statement to give us permission to travel with them, to have them treated in case of emergency, and with the parents' contact info and health insurance info. I would expect STBX to need no less. I'd talk to him about it and see what he might need to go forward with the trip.

2 moms found this helpful
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K.P.

answers from New York on

It sounds like he wants you to sign some kind of "permission slip" for your son's visit. It makes sense if you think about it. While he's legally still your husband, you have filed for a divorce and he is not legally "anything" to your son.

Call your lawyer. I am sure that he/she will know what you need to do!

1 mom found this helpful
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G.B.

answers from Oklahoma City on

Call the man and ask him what he's talking about. It may be something his attorney told him to ask you for. Your attorney could fax a simple statement to his attorney in the morning and it all be settled by noon.

1 mom found this helpful

F.H.

answers from Phoenix on

Ask him. And remind him that your son is the innocent party in this divorce and that you would still like them to have a good relationship, even tho he isn't the bio dad. I wouldn't be trying to *guess* what he's talking about, find out for sure so you can address it asap. Good luck!

1 mom found this helpful

K.C.

answers from Washington DC on

I would guess he wants something so that he can get medical treatment for your so in an emergency. Sounds like a good idea ...

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.B.

answers from San Francisco on

Not a clue. Contact your attorney - maybe he knows of some sort of waiver or release that's used in your state in these types of cases.

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