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Motion to Suspend Visitation

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mxmom2963

Junior Member
I have a question and would like some advice. My ex husband has visitation of our 3 children every other weekend. The problem is, I don't feel comfortable with a situation that was presented today. Back in November, he married the woman that he left the kids and I for. I didn't have a problem with that situation, I felt comfortable with his new wife and her relationship with the kids. Well, 6 weeks later, he left his new wife and began an affair with a woman whom he knew 13 years ago. I have an email from my ex telling me about this woman saying that her 4 children have been taken away from her and her parents put her in a mental institution. But now my ex has her with him this weekend, telling the children that this is his new girlfriend and she is now in his life. My current husband and myself don't feel that this is a very stable environment for the kids. They have been through enough to have to deal with this. We don't feel comfortable knowing what we do about this woman to have the kids around her. Is there anything I can do? I told him when he told us that he was leaving his current wife and getting back with this new woman that I didn't want the kids around her. He doesn't seem to care. Can I file a motion to suspend visitation? Is this something that I can do myself or should it be done by a lawyer?

Thanks for your help and input,

Dawn
 


Litigation!

Senior Member
mxmom2963 said:
I have a question and would like some advice. My ex husband has visitation of our 3 children every other weekend. The problem is, I don't feel comfortable with a situation that was presented today. Back in November, he married the woman that he left the kids and I for. I didn't have a problem with that situation, I felt comfortable with his new wife and her relationship with the kids. Well, 6 weeks later, he left his new wife and began an affair with a woman whom he knew 13 years ago. I have an email from my ex telling me about this woman saying that her 4 children have been taken away from her and her parents put her in a mental institution. But now my ex has her with him this weekend, telling the children that this is his new girlfriend and she is now in his life. My current husband and myself don't feel that this is a very stable environment for the kids. They have been through enough to have to deal with this. We don't feel comfortable knowing what we do about this woman to have the kids around her. Is there anything I can do? I told him when he told us that he was leaving his current wife and getting back with this new woman that I didn't want the kids around her. He doesn't seem to care. Can I file a motion to suspend visitation? Is this something that I can do myself or should it be done by a lawyer?

Thanks for your help and input,

Dawn

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE










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VeronicaGia

Senior Member
You can file anything you want, but until a court orders it, the current court order stands, meaning he has court ordered visitatation and the kids must go.
 

tigger22472

Senior Member
VeronicaGia said:
You can file anything you want, but until a court orders it, the current court order stands, meaning he has court ordered visitatation and the kids must go.
Not only do I agree but Lots of luck :)rolleyes: ) to the OP to get suspended visitation based on this. This is NOTHING in eyes of the court. What YOU aren't comfortable with doesn't matter. You would have to prove not only is this woman unstable and a danger to your children but that your ex is never around preventing anything from happening.
 

karenmsk

Member
I have been in some what of the same situation. you cannot suspend visitation but you can file for a modificatoin as to where she cannot be around during the visits because you feel that she is a danger to your children
 

CJane

Senior Member
karenmsk said:
I have been in some what of the same situation. you cannot suspend visitation but you can file for a modificatoin as to where she cannot be around during the visits because you feel that she is a danger to your children
Of course she can file for the modification. It most likely would not be granted though. Not based on what she's posted.
 

stealth2

Under the Radar Member
karenmsk said:
but you can file for a modificatoin as to where she cannot be around during the visits because you feel that she is a danger to your children
Feeeeeeeeeelings. Wo wo wo feeeeeeeeeelings.....

But what she needs is PROOF that the woman is a danger to her kids.
 

ceara19

Senior Member
karenmsk said:
I have been in some what of the same situation. you cannot suspend visitation but you can file for a modificatoin as to where she cannot be around during the visits because you feel that she is a danger to your children
About the best that she can hope for is an order preventing unrelated overnight guests during his visitation, but that won't stop him from having the GF around during the day.
 
B

betterthanher

Guest
karenmsk said:
I have been in some what of the same situation. you cannot suspend visitation but you can file for a modificatoin as to where she cannot be around during the visits because you feel that she is a danger to your children
WRONG WRONG WRONG. God...where are these people coming from?!?!
 
B

betterthanher

Guest
Hey OP, how would you feel if he filed a counter-motion to suspend paying child support because he FEELS you're not spending it as you should?? :rolleyes:
 

LdiJ

Senior Member
betterthanher said:
Hey OP, how would you feel if he filed a counter-motion to suspend paying child support because he FEELS you're not spending it as you should?? :rolleyes:
Give me a break!

Ok..didn't anyone else pick up on the fact the the girlfriend's 4 children were removed from her care?

Its true that mom can't do squat about anything unless she gets the court orders modified. However, depending on why the gf's children were removed from her care its quite possible that a judge would order that the gf can't be around the kids at tall.
 
Hey I agree.. mental institution, have all of her kids removed, YIKES! I'd be worried too.

And not only could you file a modification but you have a good chance of getting it passed. My daughter's half sister's mother filed a modification on her court orders that my daughter's father can only have women over the age of 30 accompany him during visitation and I am not kidding. It actually says that on the court order. Her reasoning was that she did not like the girls he was hanging out with, these girls were very nice Christian girls but she was jealous and didn't want any of them playing mommy so she did it and it got approved. I think "my ex is switching around from women to women one of them which he commited adultery on me with and now is with a women who is mental, on meds, AND had all of her kids taken from her care." Yeah, I think the judge would definetely take that into consideration.
 

stealth2

Under the Radar Member
LdiJ said:
Give me a break!

Ok..didn't anyone else pick up on the fact the the girlfriend's 4 children were removed from her care?
No, we're all stupid and illiterate, LDi. :rolleyes: Just because it's not mentioned specifically doesn't mean we missed it.

LdiJ said:
its quite possible that a judge would order that the gf can't be around the kids at tall.
But a judge might not order that she can't be around the kids at short. :rolleyes:
 

mxmom2963

Junior Member
Still uncomfortable

First I want to thank everyone for their input. Let me add a few things. My ex sent me an email when he began talking to this woman again, after 13 years, telling me that last July her own parents had her put in a mental institution because of drug use...not sure exactly what went on. But her husband (still married) got custody of their 4 girls.

My 7 year old came home last night and told me that their dad told them that they couldn't tell me when Rhonda was there because the judge would stop visitation.

When my ex left us last April, he moved in 4 days later with an internet fling and her son. When we went to court, the judge stated that he couldn't be with this woman when the kids were there from 8:30pm to 9:00 am otherwise he would be in contempt of court. Now that he left his last wife, after 6 weeks of marriage, he is bringing this woman in and thinking it is good for the kids!

Is this modification of visitation something I can file myself or do I need to contact a lawyer?
 

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