My husband's ex-wife has demanded that he divorce me before he can get his child for his court ordered summer parent time. Can one parent make this demand of the other, legally? There are no allegations of abuse or neglect. The mother just simply doesn't like the step-mother. If anyone has legal expertise, this would be helpful.
2007-01-25 14:45:53 · 20 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
This is illegal! If he has court-ordered visitation he can turn her in for violating the court order!
2007-01-25 14:59:39 · answer #1 · answered by Julia B 6 · 0⤊ 0⤋
No, that is not right. Im an ex wife, and I would never ask that, its very childish...Sounds like she is jealous, but im not a jealous person at all..If his visitation is court ordered, then he gets the child, dont worry about the ex..Kill her with kindness. Sounds like she is having a difficult time or something...But NO, she cant make him divorce you, she cant make him do anything.
You keep being you, Be a good step mom, never talk bad about the ex in front of the child no matter how upset you are....only pushes the child away from YOU.
The mother will have to get over it, Just be kind, and caring, and support your husband..The wife will realize soon she cant act like that.
2007-01-25 15:08:47 · answer #2 · answered by ~Annette~ 5 · 1⤊ 0⤋
No-unless there is proof of abuse, no way! The father could take the mother to court for contempt of court (order) for not allowing the visit to occur. And, if the judge wanted to, could ask the mother if he/she should give the father and step-mother custody-and her the visits. I would request that the father of this child speak with his attorney on this matter-and they could possibly prepare to take her to court on this matter. If, and I am sure by the sounds of it, the father has a parenting plan to abide by, the mother has to abide by it as well.
In Washington State (I don't know about elsewhere), by law a "For Kid's Sake" parenting seminar is required during the process of the divorce. Both parents (individually) have to take this one time. In this seminar, the parents learn that they should NOT put the child in the middle of their own personal squabbles! The child is a part of both parents-and has the legal right to know both-as long as there are no concerns of abuse, neglect, etc. Wishing all of you (especially the child) the best. Take care.
2007-01-25 15:09:43 · answer #3 · answered by SAK 6 · 0⤊ 0⤋
The father should take primary custody and the mother should have visitation, and here's why: When you're a parent, that's your priority. Not your job, not your education, your CHILD. You work your life around your child, not vice verse. If she wants to wonder off and be a full time student from a day away - then that's her choice, but the child shouldn't be dragged away too. Same goes as for your girlfriend. She "let" them stay with the dad while she CHOSE to leave them and go to school. If I were the father I would have filed for custody as well. Your girlfriend only feels this way because she wants to be a victim of her own personal experience - so she's labeling this mother as the victim as well. I was a single working mother AND a student as well. My child always came first.
2016-03-29 02:57:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If it is a court order visitation it is illegal for her to prevent it from happening. she will be the one breaking the law. no parent can make such a demand, especially is the children are not at risk with either of you, even if they where she would have to go through the court to change the ordered visitation, even then she can't just end it. You can either contact a lawyer or contact the court that order the visitation. her not allowing can also be ground for you all to request more visitation, because it show immaturity, instability, and lack of concern for the children
2007-01-25 15:06:01 · answer #5 · answered by LoTs2ShArE 2 · 0⤊ 0⤋
not legal expertise, but divorce expertise and no she can't, if the visitation was court-ordered or in the divorce at all, then at next visitation time, he should attempt to pick up child, with a copy of divorce settlement, if refused, call a sheriff's deputy and ask him to escort you to the child's residence and if refused again, she'll be arrested for contempt or for refusing to follow a court order. then you've got to make sure the child that saw dad have mom taken to jail.
2007-01-25 15:08:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
A judge could make that ruling if there was evidence upon which to do so. Since there is no evidence and a judge is not making that ruling, the mother is just being spiteful. Your husband could make a legal argument that his ex wife is in breach of the court ordered summer visitation.
2007-01-25 14:58:48 · answer #7 · answered by inkantra 4 · 2⤊ 1⤋
Fathers have a right to spend time with their children regardless of anything he has court ordered summer visitation with no allegations,she can go to jail its contempt of court
2007-01-25 15:03:47 · answer #8 · answered by poet 2 · 1⤊ 0⤋
I wish it were...not in your case I'm sorry but for my Grandson...his Dad married a real winner, he hates to go visit them, says she yells all the time and locks him in his room. His other kids say she force feeds him, he is a picky eater and refuses to eat meat, except pepperoni on his pizza. My Grandson is 5 and his half brother and sister is 8 & 10, they told their Grandmother (the Dad's mother) she was mean to their little half brother and when they try to take up for him she makes them go to the room too. We have tried to stop visitation, but the courts say unless there is justifiable reason they won't and the poor little guy has a 3 week summer vacation he has to go to.
2007-01-25 15:13:33 · answer #9 · answered by sassywv 4 · 0⤊ 0⤋
No she can not make him get a divorce. In fact if she does not let him see his child she will be in trouble for not sticking to the court orders.
2007-01-25 14:58:44 · answer #10 · answered by 'lil peanut 6 · 1⤊ 0⤋
No. Even if you were abusive...all a judge will do is order that you not be in the house while the child visits.
She will be in violation of the court order if she does not comply.
2007-01-25 15:00:23 · answer #11 · answered by KarenS 3 · 0⤊ 0⤋