My husband was recently divorced and his ex wife said she was not going to let him see his kids anymore if he got married to me. They have not set up any type of child support, he gives her money and WAS able to see his kids any time he wanted to up until two weeks ago. Is that legal?
2006-08-27 05:48:33 · 8 answers · asked by R B 1 in Family & Relationships ➔ Marriage & Divorce
If they were divorced, the issue of custody and visitation will be detailed in the divorce or separation agreement. I'm sure the issue of child support was also covered in that agreement.
No, the ex-wife cannot unilaterally change visitation rights. She sounds vindictive, and is probably afraid that he will file a motion for modification of the custody based on his remarriage, which he certainly can. It's unlikely that there will be a change in custody unless it's clearly in the children's best interests, but there could be a modification of the visitation.
If you and your husband are truly interested in gaining custody (and not just waging a preemptive strike against his ex-wife) and can really appreciate the potential upheaval in the kids' lives and think it's still best, he can file a motion for modification. He'd have to establish for the court why it would be better for the kids to live with him and/or that the ex-wife (their mother) is unfit. The court will not grant you custody just because she's being difficult about the visitation. If she doesn't let your husband see the kids, file a motion for contempt (get the divorce papers out and see what visitation is supposed to be and write out how she has been violating that). Sometimes visitation just states something like 'custodial parent will grant reasonable visitation', so there's a lot of interpretation there. If she always let him see them anytime before and now she won't, detail that. Make lists of dates and times he asked to see the kids and was denied.
You can't file based on a threat. You have to wait until something real happens.
2006-08-27 06:18:12 · answer #1 · answered by wynterwood 3 · 0⤊ 0⤋
There was a divorce without any child support arrangements!!!!
Legal- yes- EXTREMELY rare though...
If support NOT stipulated the custody HAS to be.
That is required.
So he has no support stipulations with FULL custody to Mom?
Usually divorces include guardian(custody) status, visitations(open/full and/or spelled out down to the minute)
along with requirements of support(none to 1/2 of GROSS income)
This is where lawyers always win and the parents and children suffer.
Are you sure you are legally married? Have you read the divorce decree? That must be disclosed(to ensure compliance) in order
to have a valid second marriage.
Both your husband AND you are way over due for legal advice...
So log off and phone one!!!
PS Sounds like you two may be the ones violating the law, if indeed there are violations. And if he don't wanna talk about it YOU need to run to a lawyer AND away from him!
Good luck- let me know what happened- need additional help etc
2006-08-31 05:23:51 · answer #2 · answered by uncledad 3 · 0⤊ 0⤋
sounds fishy to me...If he got an divorce and there were children involved, the court should have order child support and visitation...hmmm..sounds like you are the other woman and is calling this man your husband when he is not...You probably is the reason the marriage came to and end. I don't know what state you live in that would not have had that order written in the decree..There is more to this story that is being said
2006-08-27 06:14:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What does the divorce order say about visitation? And you say it says nothing about child support? Who has legal custody of the children?
He is entitled to visits, but without a court order for them, he can do nothing to enforce it. He has to petition for a modification to explicitly state his right to visits. Then if she violates the order, she can be held in contempt.
Note that some states do not allow modifications too soon after a hearing and order.
2006-08-27 05:55:37 · answer #4 · answered by thylawyer 7 · 0⤊ 0⤋
no its not legal.
were you a reason why he got the divorce? sounds like there are some pretty hard feelings.
i dont understand why no support was ordered in the divorce. are you sure they are really divorced? ive never heard of a divorce that didnt entail who got custody of the kids and child support.
2006-08-27 05:53:59 · answer #5 · answered by lodeemae 5 · 0⤊ 0⤋
no. not legal.
how can he be divorced with no child support plan...that is usually included in the decree of divorce...he needs to be sending money through the state so there is proof of him paying...not just giving money to her...
get an attorney asap.
2006-08-27 05:55:24 · answer #6 · answered by lucky c 2 · 0⤊ 0⤋
its not legal he needs to get a attorny he needs to file a parenting plan and a order of support there will be a hearing for cause the judge will set the parenting plan in writing and then if she breaks it in most states its contempt of court and she can gwt into big treouble what state
2006-08-27 05:53:02 · answer #7 · answered by coolrickis 1 · 0⤊ 0⤋
she cannot withhold the children from him without just cause and a court order . . he needs to go to Domestic Relations and file papers to get a hearing for custody . . he needs to do this immediately . .
2006-08-27 06:02:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋