Family Law (Divorce, Family Relations)/step parents rights in florida


I have bwwn married for 7 yrs and have raised my stepkids since they were 2 &3

My wife is the custodial parent and they live with us. Biological da sees them every other weekwnd and wednesdays as ordered by court in divorce agrrement. My wife  recently went to  jail for a few weeks andthe bio dad came and took them. My wife signed over power of attorney for the care of the  children. Ihave enrolled the kids in scholl and always taken care of them. How can he kidnap them he doesnt havecustody and the police wont do anything. Plz help

Hi James, unfortunately you do not have any rights to the children over and above those of the biological father even with the power of attorney provided to you by your Wife. Unless you can show that the bio father is abusive or otherwise a danger to the children he has parental rights that exceed yours.

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951  

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Dan Bachert


I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.


Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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