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Where do I find laws that protect my Husbands visitation rights while he is deployed?

My Husband's exwife is a very jealous person....especially when it comes to my relationship with my step son...who absolutely adores me more thananything. She is trying to make sure that she keeps him away from me while his Daddy is deployed and I dont want that to happen because it would hurt him more in the long run...and I do believe that its still called parental alienation even though she says all the time that I amnot his step mom I am just some woman that popped into his life and he has to deal with it....I really need help with this!

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Anonymous

Asked by Anonymous at 2:01 AM on Jan. 17, 2010 in General Parenting

Answers (21)
  • Well, as his step mom you have no rights to him. And with your husband being deployed she can very well stop you from having visitation as long as she continues phone visitations and things.
    There is something you can file for as an interested party. I can't remember what it's called but basically you can get visitation as an interested and important adult in the child's life IF you can prove to the court that you really are important to the child. My suggestion would be to get a lawyer. Or at least a free consultation. ... And maybe your state has free legal aid that can tell you what it is i'm thinking of (because for the life of me i can't remember. sorry. )
    outstandingLove

    Answer by outstandingLove at 2:05 AM on Jan. 17, 2010

  • I believe as long as the custody papers don't say only while not deployed, it has to remain the same, and courts will not want to disrupt his life by changing it. I would call legal aid or a lawyer, he can also go to Jag or whatver branch of military lawyers.
    truealaskanmom

    Answer by truealaskanmom at 2:07 AM on Jan. 17, 2010

  • outstandingLove

    Answer by outstandingLove at 2:09 AM on Jan. 17, 2010

  • it doesn't have to remain the same if she requests a change. The visitation are for the husband and if he's not there then the courts may very well agree with the "Golden Uterus".
    outstandingLove

    Answer by outstandingLove at 2:13 AM on Jan. 17, 2010

  • She would have to file for a change before he gets deployed, there are clauses that protect military persons from having legal issues being dealt with while in a war zone, she can't just do it while he is gone.
    truealaskanmom

    Answer by truealaskanmom at 2:31 AM on Jan. 17, 2010

  • He had to have made some type of "family care plan" before he deployed. All military personnel with children are mandated to have this set up. And it is a legal document and as the PP said, it is made to protect the rights of deployed military personnel and their families. I suggest that you get a hold of this and see what it says. Or go talk to JAG. I've been in the same situation only, I'm the one in the military.
    TattooedMommy04

    Answer by TattooedMommy04 at 2:46 AM on Jan. 17, 2010

  • sure they have to have a family care plan. But that doesn't stop her from changing the court order. Trust me. I'm a step mom and my DH just got finished with a deployment.
    outstandingLove

    Answer by outstandingLove at 2:49 AM on Jan. 17, 2010

  • Sorry but unless a Court said I had to give visitation to the step mom I wouldn't take my kids during his deployment either. My kids' step mother isn't getting a minute with my kids if dad isn't there. I see no reason for it.
    Anonymous

    Answer by Anonymous at 3:52 AM on Jan. 17, 2010

  • If you want to know the laws regarding that issue then call the legal dept on base.
    Anonymous

    Answer by Anonymous at 3:53 AM on Jan. 17, 2010

  • I think your wrong, outstanding she does do have some rights as a step parent. At least in my state you do which is Michigan. In some case I have even heard of them giving custody to the step parent. Anyhow, I would contact a lawyer and get a free consultation to see what my rights are.
    Anonymous

    Answer by Anonymous at 4:13 AM on Jan. 17, 2010

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