My son was in an accident in my care.

[MichelleGilliam]

Hi my name is Michelle and my son was in my care and he was in a dirt bike accident.

My nephew is four years old and has a small dirt bike w/training wheels. My son and I were visiting my sister and her son and they decided to ride the dirt bike. My son had never rode the bike before and my sister made sure it was put in a low drive that could not be changed. He started off fine and then got startled by a big dog and started to go down hill towards us fast. When he hit a patch of wet leaves the bike stopped suddenly and he flew off the bike to the side and flipped three times. When I got to him he had broken his femur and it required emergency surgery. This was three years ago and now his dad is blaming me for his accident. They say that I should not have let him get on the bike without him knowing how to ride. I might add that my son was 11 years old and this was a four year olds dirt bike w/training wheels. I do not have custody but do have weekends and all holidays and when he is out of school. My ex-husbands wife however is now posting on websites that I let him get hurt and that I am just his bilogical mom. Is there anything I can do to make her stop posting about me and my son?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Ohiogal]

Hi my name is Michelle and my son was in my care and he was in a dirt bike accident.

My nephew is four years old and has a small dirt bike w/training wheels. My son and I were visiting my sister and her son and they decided to ride the dirt bike. My son had never rode the bike before and my sister made sure it was put in a low drive that could not be changed. He started off fine and then got startled by a big dog and started to go down hill towards us fast. When he hit a patch of wet leaves the bike stopped suddenly and he flew off the bike to the side and flipped three times. When I got to him he had broken his femur and it required emergency surgery. This was three years ago and now his dad is blaming me for his accident. They say that I should not have let him get on the bike without him knowing how to ride. I might add that my son was 11 years old and this was a four year olds dirt bike w/training wheels. I do not have custody but do have weekends and all holidays and when he is out of school. My ex-husbands wife however is now posting on websites that I let him get hurt and that I am just his bilogical mom. Is there anything I can do to make her stop posting about me and my son?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

This happened THREE YEARS AGO???? Why does it matter now? You can't control what someone else posts.

 

[MichelleGilliam]

I know this happened three years ago but my ex-husband and his wife are making it a problem. We just found out that my son has a congenital heart defect and my ex-husbands wife keeps posting that he had this accident and it was my fault for letting him on the dirt bike. She says that it is related to finding out about his heart and keeps calling me his bilogical mom and not his mom. She post that she is his mom. This hurts and I just want her to stop and I didn't know if I could do anything to stop her. My ex-husband still wants to argue with me on the phone about the accident and that I should not have let our son get on the bike. This is very upsetting and what tops it off he gets the kids involved in our argument. I keep telling him that I am not discussing this with the kids but he puts them on the phone with me anyway.

 

[Ohiogal]

I know this happened three years ago but my ex-husband and his wife are making it a problem. We just found out that my son has a congenital heart defect and my ex-husbands wife keeps posting that he had this accident and it was my fault for letting him on the dirt bike. She says that it is related to finding out about his heart and keeps calling me his bilogical mom and not his mom. She post that she is his mom. This hurts and I just want her to stop and I didn't know if I could do anything to stop her. My ex-husband still wants to argue with me on the phone about the accident and that I should not have let our son get on the bike. This is very upsetting and what tops it off he gets the kids involved in our argument. I keep telling him that I am not discussing this with the kids but he puts them on the phone with me anyway.

Why are you allowing him to argue with you about it? And don't discuss it with the children. YOu can request that the court order a restraining order against third party interference worded something like this:

"parties shall allow no third parties to interfere, participate in, or otherwise involve themselves in making any decisions for the parties' children. Parties shall also prohibit any spouses or significant others from referring to themselves as the parents of the parties' minor children in any public or legal way."

 

[LdiJ]

This happened THREE YEARS AGO???? Why does it matter now? You can't control what someone else posts.

Of course its not possible to control what someone else posts. However, if mom prints out and keeps copies of the posts, if they end up in court over anything, the judge will NOT be pleased with a stepmom who posts things alongs the lines of "mom is just the biological mom".

 

[Ohiogal]

Of course its not possible to control what someone else posts. However, if mom prints out and keeps copies of the posts, if they end up in court over anything, the judge will NOT be pleased with a stepmom who posts things alongs the lines of "mom is just the biological mom".

I concur with that. Look at my second post as well. I even recommend language for a request she can make.

 

[MichelleGilliam]

Thank you for the advise. I think I know what I need to do now. I think I always knew but I needed to hear it from a non-bias party. I also been having other problems with my ex and his wife. My son had heart surgery in January and his dad told the nurses that he had custody. He then told them that he had say so as to who could go back with our son and asked them to make me leave so his wife could come in. Needless to say I had to wait 45 min. till a social worker came down and told him he would have to rotate with me. His wife still would not leave the room at this point and my ex and I had to rotate while she remained. So I know I need to take him back to court. I just wanted to know how much I could do about the other issues that have came up. My son is going to be having open-heart surgery soon and I don't want to be dealing with the same situation while my son's life is at risk.

 

[cyjeff]

Sounds like it is time to take your ex back to court so that the judge can give step mom a proper slapdown.

Of course, she will have to hear about it from the ex. What will only be the first indication of her status will be the judge's insistence that she wait outside the courtroom.

 

[Ohiogal]

Thank you for the advise. I think I know what I need to do now. I think I always knew but I needed to hear it from a non-bias party. I also been having other problems with my ex and his wife. My son had heart surgery in January and his dad told the nurses that he had custody. He then told them that he had say so as to who could go back with our son and asked them to make me leave so his wife could come in. Needless to say I had to wait 45 min. till a social worker came down and told him he would have to rotate with me. His wife still would not leave the room at this point and my ex and I had to rotate while she remained. So I know I need to take him back to court. I just wanted to know how much I could do about the other issues that have came up. My son is going to be having open-heart surgery soon and I don't want to be dealing with the same situation while my son's life is at risk.

His wife had NO right to be in the room with you and your son. Why didn't you have hospital staff escort her out?

 

[Just Blue]

https://forum.freeadvice.com/child-support-98/can-my-ex-get-more-child-support-458681.html

 

[MichelleGilliam]

I did not know if I could legally have her thrown out of the room since he has custody. I also did not want to upset my son when he was going in for a six hour heart surgery.