I have a situation where my ex-husband who is newly remarried, and chose to adopt his new wife's children, has petitioned to increase visitation with my daughter 60/40 in his favor because of his "new family". He is away from their home 50% of the year (6 months of twelve), and this would put her in their home quite often while he is away. I am a fit, and consistant parent with no alcohol, drug or criminal history, employed full time, and up until this point the custodial agreement has been written 60/40 in my favor. Does her step mother have "rights"? or am I dealing with "control" issues.
2006-10-11 19:47:35 · 3 answers · asked by E P 1 in Politics & Government ➔ Law & Ethics
Can you provide proof in court of his absence from the home? If your daughter was never living full-time in the home with the step mother, she really has no basis to demand rights for herself. The visitation rights are for the father and if he is not even there the courts should take this into account. If a step-parent had basically raised a child as their own and then the marriage broke up, I would say that parent had the right to request visitation even though there was no biological connection. How old is your daughter and how does she feel about all this? If she is over 13, the court will take her wishes into account. -- An afterthought: Would this mean he would pay less or no child support? If so, new wife is probably pushing for it for that reason.
2006-10-11 20:48:44 · answer #1 · answered by nativeAZ 5 · 0⤊ 0⤋
I would think not but not sure. I know I am a step mother but I adopted them because my husbands ex-wife didn't want anything to do with them. So I have all rights and she haves none.
However in your case I would think the step mother would not have access to the same rights you have as her mother. Make sure you tell the courts that he will be out of the home most of them time during his visits. That will help your case out. How old is your daughter? Depending on her age she will have a right to say what she wants as well.
Maybe you could talk to your Ex-husband (if you can) and come up with a different solution you both like and agree on and not have to take it to court. What is in the best interest of your child? It sounds to me what is in her best interest is for it to remain 60/40 in your favor like it is. Cause she would be going to her dads to visit her dad if he is not there then whats the point of going?
When I was younger my dad only had visits every other weekend. However on his visits he was always working or away. So we was left with our step mom most of the time. I love my step mom but I went to spend time with my dad. So I stopped going because of it. My dad took it to court the judge said I was old enough to decide on my own if I wanted to go or not. Likewise he told my dad that the point of the visits are for his kids to spend time with him, if he was not going to spend time with us during the visits then he didnt need them.
Good Luck!
2006-10-11 20:05:21 · answer #2 · answered by larrys_babygurl_4life 4 · 0⤊ 0⤋
i think you may need to do some mediating to resolve this issue- First and foremost dose the child want to have these visitations- Remember the children are not the ones who choose divorce- what is best for the child will be your answer.
Do not judge the Ex- remember if he loved her enough to adopt her he wanted to be in her life forever not just as long as you both should love... good luck
2006-10-11 19:58:13 · answer #3 · answered by admiredi 4 · 0⤊ 0⤋