I have a stepson that is 4 and a his mother won't let us see him anymore because he told her my husband beat him. But the thing is he told us his mom and her boyfriend beat him and put marks on him ( we seen marks on him several times when he came over). So we talked to her about it and she say he making it all up so we left it alone. So now the tables have turned she stopping us from seeing him. I am even more concerned because i have 3 children of my own and they miss him very much. What do i tell them and how do we fix this? We don't have many right because we can't afford a lawyer but we have to pay for hers. I love this little boy very much and i don't know what to do or even how to start to fix this. I do spank my children but not all the time and my husband do spank his son and ours. But most the time timeout works for them more then anything else.Answer Question
What is the court ordered visitation? You shouldn't need a lawyer to go in front of a judge if she going against the court order. Why are you paying her lawyer? or are you just paying child support? If she is going against the court ordered visitation then I would start by reminding her of the court order and the consequences of failing to abide by it.
Answer by Cindy18 at 7:02 PM on Jul. 10, 2010
Answer by layh41407 at 7:04 PM on Jul. 10, 2010
Answer by cassie_m at 7:05 PM on Jul. 10, 2010
Answer by chapmananitac at 7:16 PM on Jul. 10, 2010
Okay, legally speaking...No *we* don't have anything, *he* does. Make this your mantra or you could cause a hell of a lot of trouble for your husband.Â You are a 'legal stranger' to the child and always will be.Â You will never be allowed in the court room for hearings as long as mom says no.Â Be there to support your husband, loveÂ his son like you have, all thatÂ stuff...but nix the 'we' when it comes to any legal proceedings.Â The only legal 'we' where the child is concerned is his mother and father.Â You have to learn to keep the family 'we' stuff OUT of the legal stuff.Â Especially when you're dealing with, what seems to be, a vindictive ex.Â
Answer by desert_diva at 7:50 PM on Jul. 10, 2010
Dad needs to file for visitation. As long as there is no order filed wit the courts mom is doing nothing wrong and there is nothing he can do about it. Dad can represent himself 'pro se' and the courts can not refuse to hear him ~ if he is following the proper protocol. There should be tons of aide available in your area that can help him learn 'the ropes'. Check and see if your local family court has a website and they should have all the info as to when you can go in for help listed. They can't give you legal advice on your specific case, but they can explain how things work and what you need to do. Dad also needs to file for a child support modification. Most states have a % of earnings that child support can not exceed. Look up the guidelines for your state and then dad needs to go in and prove his monthly payment exceeds that amount.
Answer by desert_diva at 7:53 PM on Jul. 10, 2010
Answer by desert_diva at 2:14 PM on Jul. 11, 2010