Memphis, TN asked in Child Support for Tennessee

Q: Why does my kids dad wife have the right to have insurance on our kids? Yes he works

I thought when a person gets married their income becomes one. I'm not understanding why I can't take both to court for support. She has insurance on our kids, why does she have the right to do that but doesn't have rights over our kids?

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1 Lawyer Answer
Bob G Huddleston Jr.
Bob G Huddleston Jr.
Answered
  • Memphis, TN
  • Licensed in Tennessee

A: A stepparent may take out insurance policy on the children of their spouse as the children are considered dependents of the biological parent and that person's spouse (at least for insurance purposes). She has custodial/guardianship rights and obligations granted by the stepparent relationship, but those rights are not the same as the "superior parental rights" held only by the biological parents.

There's marital property and separate property in Tennessee, as Tennessee is not a "community property" jurisdiction. You should probably hire an attorney in your area for a consultation on the issue to help sort out the different issues you're trying to address here.

Regards,

Bob Huddleston

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