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Any reason a judge would not grant us more time with stepdaughter?

My husband just found out that his ex's hubby is selling and using pot at the home his daughter lives in. He talked to his ex about it and she FLEW off the handle yelling and screaming that "you will never take her (stepdaughter) from me, I will divorce him before losing her". My hubby never had a court order that established a time share..he just paid his ex an agreed upon amount every month (based on guideline) that was established years ago, and his daughter chose when to visit (he never held her to any schedule). His daughter is now 14, does not want to come over as much anymore, because her friends live close to mom. But we are concerned about what she is being exposed to at moms house and WANT and established time share. Any reason a judge will not grant one? What if his daughter says she does not want to see dad that much? Will she have ANY say in the matter?

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Anonymous

Asked by Anonymous at 12:25 PM on Sep. 10, 2009 in Relationships

Answers (3)
  • It all depends on the laws of your state. If your step daughter is old enough to have some input in the visitation. The Judge will have to concider that. Do you have proof of the EX's DH is doing the stuff you say he is doing? If so you might be able to use that to get custody of her.
    louise2

    Answer by louise2 at 12:33 PM on Sep. 10, 2009

  • Dad has rights. I didn't want to go visit my dad either bc I had to leave my friends but I had to go. It all worked out. If she is around pot and selling then she will think it's an acceptable way of life. I'm not judging those who condone it but it IS illegal. Mom could have her taken away from her for having her there around it. I'd call cps if it were my child but if that's not an option then I'd just go to court and tell the Judge I want time with my dd. Let them review child support too. If she makes money then you don't have to pay as much.
    admckenzie

    Answer by admckenzie at 1:10 PM on Sep. 10, 2009

  • Down side is that Dad *could* find himself on the hook for years of back support. Since there has been no court ordered support everything he's paid *may* be viewed as gifts, not support...this is why it is ALWAYS in Dad's best interest to file the paperwork. If Mom's vindictive and files for support in retaliation it could get bad. It varies from State to State as to how far back Mom can file. Please talk to a lawyer or look into your State's laws to see what kind of damage she could do.
    desert_diva

    Answer by desert_diva at 1:25 PM on Sep. 10, 2009

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