Legal Question in Family Law in California

Step Parent right to pick up child from daycare and involvment in school

My wife is the stepmom to my 9yr. old son. Is she allowed to pick him up from daycare on my visitation days and also take an active involvement in his school? Also is her income considered in child support calculations?

Thank you


Asked on 10/13/02, 8:30 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Step Parent right to pick up child from daycare and involvment in school

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Yes she can pickup the child at school.

The extent of her involvement would be dependent upon the existing court order regarding Legal Custody (decision-making). Her involvement in day to day stuff would probably be okay, but any significant decisions would probably be reserved to you and/or your ex.

Her income would be included in the child support calculation ONLY to the extent that it might increase your joint tax liability and therefore reduce your monthly net disposable income. If so, your child support obligation would go DOWN. (I know it seems backwards but that's the law. Her additional income may actuallly reduce your child support obligation.)

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 10/23/02, 4:32 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Step Parent right to pick up child from daycare and involvment in school

She should be allowed to pick up your son--your duty is to make sure he's cared for properly when he's in your physical custody. I'm not as sure about the school involvement--you would have to be the final authority on her decisions, and the school would have to know this.

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Answered on 10/14/02, 11:19 am


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