Stepmom and visitation

[ctrojan22]

What is the name of your state? IN
If my ex is arrested do I have to let his wife pick up the kids on their visitation days? Also do I have the right to pick up my kids from her if he is in jail while it is suppose to be his visitation time?

 

[Zephyr]

his visitation rights are not transferrable to his wife- that being said what does your court order say?

 

[ctrojan22]

He was not married to her when our court orders were established.

 

[Ohiogal]

What does the court order say regarding visitation????

 

[LdiJ]

What is the name of your state? IN
If my ex is arrested do I have to let his wife pick up the kids on their visitation days? Also do I have the right to pick up my kids from her if he is in jail while it is suppose to be his visitation time?

If he cannot be present at all for the visitation, then no, his wife doesn't get his time.

 

[degenerationx]

if dad isnt there stepmom doesnt get kids

If he cannot be present at all for the visitation, then no, his wife doesn't get his time.

correct.the visitation is for dad, who is the parent, not stepmom, who is the legal stranger.

 

[degenerationx]

visitation is for dad only

He was not married to her when our court orders were established.

doesnt matter, she isnt the parent, and does not have the right to request, expect or demand visitation with children that arent hers. if dad cant utilize his visitation, his wife is sol, and can do nothing but wait to see the children when hes available. she has no rights at all.

 

[lil_blonde_1]

This happens quite often in my situation as well except my ex is working. How do you get it to stop? How would I prevent step-mom from picking up our son from school where dad has authorized her to pick him up?

 

[roccoswife]

dad has the right to have wife pick up child for his visitation

How would I prevent step-mom from picking up our son from school where dad has authorized her to pick him up?

you cant. if dad has authorized her to pick your son up from school for his visitation, hes allowed to do that.if you dont allow stepmom to have the child, dad can file contempt on you for interfering with his visitation, and, done often enough, can result in dad winning custody. get the idea now?

 

[ceara19]

dad is allowed to authorize someone else to pick up the child if its his time, and he cant be there to pick him up himself. if its dad's time, and you dont allow stepmom to take the child, dad can haul you into court for interfering with his visitation, and, done enough times could cause you to lose custody to dad. theres nothing you can do if dad says its ok for his wife to pick your son up for visitation, im sorry.

Unless you have read her court order, you have absolutely no idea if dad can designate someone else to pick up the child.

 

[GrowUp!]

you cant. if dad has authorized her to pick your son up from school for his visitation, hes allowed to do that.if you dont allow stepmom to have the child, dad can file contempt on you for interfering with his visitation, and, done often enough, can result in dad winning custody. get the idea now?

I don't remember if you ever answered my question from a week or so ago Kelly:

Who's Rocco? Is this another relative??

 

[LdiJ]

you cant. if dad has authorized her to pick your son up from school for his visitation, hes allowed to do that.if you dont allow stepmom to have the child, dad can file contempt on you for interfering with his visitation, and, done often enough, can result in dad winning custody. get the idea now?

Yeah right....if dad's not going to be there AT ALL, mom would be in contempt?.....WRONG.

 

[Ohiogal]

Yeah right....if dad's not going to be there AT ALL, mom would be in contempt?.....WRONG.

Mom would have to be able to prove that dad was NOT going to be there at all and then WAS NOT there at all in order to stay out of contempt. In most situations she would be unable to prove it.

 

[lil_blonde_1]

But I would be able to prove it. He was working and his work would have documentation that he was there, which means he couldn't have been at home visiting with our son at the same time.
I kind of understand what you're saying, but explain to me how I would be in comtempt if our son isn't spending time with dad, but spending time with step-mom - I'm not refusing visitation with dad because dad isn't there, what I'm refusing is visitation with the step. She wasn't the one allowed visitation, he was. I can certainly understand if this was an occassional thing, but it happens quite often.

 

[tigger22472]

But I would be able to prove it. He was working and his work would have documentation that he was there, which means he couldn't have been at home visiting with our son at the same time.
I kind of understand what you're saying, but explain to me how I would be in comtempt if our son isn't spending time with dad, but spending time with step-mom - I'm not refusing visitation with dad because dad isn't there, what I'm refusing is visitation with the step. She wasn't the one allowed visitation, he was. I can certainly understand if this was an occassional thing, but it happens quite often.

First, you really shouldn't hijack another thread. However, being at work is a far cry from not being there at all for visitation unless he's on an out of town trip. Dad is allowed to work on his visitation time and designate someone to care for the child.