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Legal action against parent bad mouthing other parent to child?

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jjb1029

Junior Member
What is the name of your state (only U.S. law)? Maryland
Hello,
My brother has visitation rights of his 4 year old daughter. Recently my niece, his dauther, has become afraid to go near him because the mother has told her to stay away from him even though he has court appointed visitation for every other weekend. The parents are obviosly not together and are not on speaking terms. Is there any legal action he can take to prevent the mother from "bad-mouthing" the father again? We are in the state of Maryland.
Thank you. Any guidance will be greatly appreciated.What is the name of your state (only U.S. law)?
 


Isis1

Senior Member
Who said the mother is badmouthing the father to the child? Who heard this?

Is dad not utlitizing his visitation?

Dad can file a motion to prohibit mom, the judge will order the same goes for him. But unless mom says it is true before the judge, dad will have a hard time proving anything.
 

mistoffolees

Senior Member
Who said the mother is badmouthing the father to the child? Who heard this?

Is dad not utlitizing his visitation?

Dad can file a motion to prohibit mom, the judge will order the same goes for him. But unless mom says it is true before the judge, dad will have a hard time proving anything.
Unless there are adult witnesses. Even then, it's unlikely that she'd get more than a minor slap on the wrist.

My ex tried that briefly and I had my attorney send her a letter reminding her that our orders have a no-disparagement clause and if she continued, we would not hesitate to sue for full custody on those grounds. She stopped with her nonsense right away.
 

Ray82

Member
Unless there are adult witnesses. Even then, it's unlikely that she'd get more than a minor slap on the wrist.

My ex tried that briefly and I had my attorney send her a letter reminding her that our orders have a no-disparagement clause and if she continued, we would not hesitate to sue for full custody on those grounds. She stopped with her nonsense right away.
Everything everyone has ever said on this forum tells me that your lawyer would lose that case for full custody. I'm not a legal person by any right but that's a no brainer if I've been reading everything right.

A) Is there a reason your neice should be affraid of your brother that the judge knows about?

I would say that it would be better for your brother to just show the child that theirs nothing wrong and just ignore the mom's laughable attempts. My wife went through the same thing with her ex. It wasn't that they were affraid. They would just ask if it were true and say that they couldn't do stuff with mommy because their step mom would cry or their Dad would punish them. (Not like abusive punish, but a rubberband smack to the wrist can condition people so it doesn't take much.)

I had a B and was going to recommend looking into Parental Alienation, but the people above know more than me about stuff and if they didnt' suggest it, it probably doesn't apply.
 

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