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kalkespa37
Guest
what legal right does my sons step mother have in making decisions for him. my son lives with his father and step-mother. they are always making important decisions without me.
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K
kalkespa37
Guest
my custody
On paper from the courts the judgement is still that i have every other week visitation. but in real life I get my son every other weekend. we have not gone back to court for this. the decisions I'm referring to as far as step-mother are her ability to make medical and educational decisions when they do not inform me until it's over. I have full access to and all decision making ability for educ/med and other.
On paper from the courts the judgement is still that i have every other week visitation. but in real life I get my son every other weekend. we have not gone back to court for this. the decisions I'm referring to as far as step-mother are her ability to make medical and educational decisions when they do not inform me until it's over. I have full access to and all decision making ability for educ/med and other.
K
kalkespa37
Guest
custody
two years ago I let my son move in with his father full-time because I did not believe where we were living was safe for him. I chose to get him every other weekend and his father said instead of going to court I would just sign over my tax year because I had little money. to which I agreed now the step-mother is being very combative and they are leaving me out of the decisions.
two years ago I let my son move in with his father full-time because I did not believe where we were living was safe for him. I chose to get him every other weekend and his father said instead of going to court I would just sign over my tax year because I had little money. to which I agreed now the step-mother is being very combative and they are leaving me out of the decisions.
I AM ALWAYS LIABLE
Senior Member
Re: custody
My response:
First, beyond the four corners of their residence, a stepparent has no rights at all concerning a stepchild's medical, schooling, or anything else. Once the child is outside the residence, she cannot guide that child's upbringing. Those items, and more, are for the biological parents to decide, and no one else.
What your ex husband is doing is allowing his new wife, and she is a part of, an intentional interference with your visitation and parenting rights. In order for this to stop, YOU have to take action. As long as you don't take action, you are the one allowing the interference and are the one abdicating your rights to complain about the situation. In other words, the stepmother has no right to say "Boo" to you when it comes to the child, unless you allow that to happen.
Your should hire an attorney to obtain a Restraining Order against the Stepmother for her interference and to entertain an intrafamily tort action for damages based on interference with custody/visitation rights. You should also add a Cause of Action for his and her intentional infliction of emotional distress and other tort claims based on their violation of your rights under the state court custody orders.
IAAL
kalkespa37 said:two years ago I let my son move in with his father full-time because I did not believe where we were living was safe for him. I chose to get him every other weekend and his father said instead of going to court I would just sign over my tax year because I had little money. to which I agreed now the step-mother is being very combative and they are leaving me out of the decisions.
My response:
First, beyond the four corners of their residence, a stepparent has no rights at all concerning a stepchild's medical, schooling, or anything else. Once the child is outside the residence, she cannot guide that child's upbringing. Those items, and more, are for the biological parents to decide, and no one else.
What your ex husband is doing is allowing his new wife, and she is a part of, an intentional interference with your visitation and parenting rights. In order for this to stop, YOU have to take action. As long as you don't take action, you are the one allowing the interference and are the one abdicating your rights to complain about the situation. In other words, the stepmother has no right to say "Boo" to you when it comes to the child, unless you allow that to happen.
Your should hire an attorney to obtain a Restraining Order against the Stepmother for her interference and to entertain an intrafamily tort action for damages based on interference with custody/visitation rights. You should also add a Cause of Action for his and her intentional infliction of emotional distress and other tort claims based on their violation of your rights under the state court custody orders.
IAAL
K
kalkespa37
Guest
Thank-you
May God bless you!!!! thank-you I already threatened a restraing order for verbal and emotional abuse but was unclear as to how to phrase the actual order!!! Thank-you so much!!!
May God bless you!!!! thank-you I already threatened a restraing order for verbal and emotional abuse but was unclear as to how to phrase the actual order!!! Thank-you so much!!!
I AM ALWAYS LIABLE
Senior Member
My response:
You're welcome. There's no such thing as a stepparent having ANY control of a child belonging to someone else, unless there's something so dire and unusual going on, that the court, in it's custody order, allows such rights.
And, when you WIN your restraining order in the Family Law court, just watch the fireworks go off when the judge orders that you ex husband post a huge bond to guarantee that he won't allow this to happen again !
He should never allow the stepmother to get in between you and your child. Big mistake. And courts love to tear stepparents new a s s h o l e s. I see this happen at least two time per month when I'm in court.
Good luck to you. Get to an attorney on Tuesday.
IAAL
You're welcome. There's no such thing as a stepparent having ANY control of a child belonging to someone else, unless there's something so dire and unusual going on, that the court, in it's custody order, allows such rights.
And, when you WIN your restraining order in the Family Law court, just watch the fireworks go off when the judge orders that you ex husband post a huge bond to guarantee that he won't allow this to happen again !
He should never allow the stepmother to get in between you and your child. Big mistake. And courts love to tear stepparents new a s s h o l e s. I see this happen at least two time per month when I'm in court.
Good luck to you. Get to an attorney on Tuesday.
IAAL
lorriebeth
Junior Member
Slightly different situation
My 2 children live with their father in MN. He has remarried. I have no issues with her whatsoever. My question is what can he and I do to allow her to make medical and possibly educational decisions? I live in NC, and he is a truck driver gone during the week. If there is an emergency, I don't believe that she would be able to make a decision concerning them, and he and I feel that she should be able to do so.
My 2 children live with their father in MN. He has remarried. I have no issues with her whatsoever. My question is what can he and I do to allow her to make medical and possibly educational decisions? I live in NC, and he is a truck driver gone during the week. If there is an emergency, I don't believe that she would be able to make a decision concerning them, and he and I feel that she should be able to do so.
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