They are going through a divorce and she has said he cannot see his children anymore because of the woman he is seeing, can anything legally be done about this?
2007-07-30 01:11:28 · 14 answers · asked by Kerry H 2 in Family & Relationships ➔ Marriage & Divorce
If they are in the process of divorcing they should have visitation orders set in place for the kids. No matter what one of them says, those orders are to be followed.... so it makes no sense for the mother to declare that they father can't see his kids, provided he follows the orders for visitation.
If they don't have any orders than yeah... she can block him from his kids... but really, that wouldn't make her look too good when they meet at court, you know? She'd be better off removing her emotion from the equation... let her husband see the kids and move on with her life.
Now.... if the woman that the dad is seeing now is a threat to the kids... on drugs for example, than the mother needs to document WHY the woman is unfit to be with her kids and present that to court. They can write up orders that basically state that the dad can have the kids but the girlfriend can't be near them. The court has some flexibility regarding visitation.
2007-07-30 01:24:33 · answer #1 · answered by Aron1968_30 5 · 0⤊ 0⤋
Yes, he needs to file an order to show cause why the mother is not allowing him to see his children. She cannot arbitrararily do this without an order from the court. The court could order that he cannot have the children around the woman he is seeing if the mother can show that she would somehow not be a good influence on the children because of drugs, alcohol, abuse, or some other reason.
2007-07-30 01:17:54 · answer #2 · answered by Be me 5 · 0⤊ 0⤋
Yes there is...
If the mother really feels that the children are too young or might get confused who their real mother is then you can get a legal action taken by having a injunction of visitation right to be voided and also a restraining order from the father being able to visit the children.
2007-07-30 01:32:15 · answer #3 · answered by JC...Living Passively 2 · 0⤊ 0⤋
A mother cannot STOP a father from seeing his children.
Your father will do everything he can with his attorney and Family Court to assure that he has regular visitation with the children and also pay child support according to the guidelines of your state.
Many children once they reach a certain age can make the decision of which parent they want to live with. When I was 13 and my brother was 14, we decided to live with our father and the Family Court allowed us to do this.
2007-07-30 01:24:08 · answer #4 · answered by Patty G 5 · 0⤊ 0⤋
Let me think a sec as long as the child is not over at 9pm when the other woman is in your home she can't do anything to you.
Now if this other woman is an unfit woman drugs, drinking kind of woman and can PROVE it yes, but if not no.
You can still get your standard visitations by law and she can't stop you and if she does you can take her right back to court.
Been there and doing that as we speak.
My ex father in law has my daughter and he wont let me see her because he dislikes my husbans who I have been married to for 5 years. I am now in a court battle w/ him to get her pulled from him and to get her to be placed with her dad. Not just because he failed to let me see her like he should for last 5 years but because and ex mother in law are unfit to raise her.'
2007-07-30 01:20:02 · answer #5 · answered by Msbearr 6 · 0⤊ 0⤋
She can not stop him from seeing the children unless she has a court order. She also can't stop him from taking the kids around the girlfriend unless she has either a court order or a restraining order. She would need to get both or either from an attorney.
2007-07-30 01:22:11 · answer #6 · answered by Lee B 3 · 0⤊ 0⤋
Well it depends on the situation... Is the woman the father is dating putting the kids in harm in anyway? Well even if that is so it would have to be the dad.... he may not be allowed to take the kids while in the presence of the girl but if the dad is a good working guy they cant deny him custody or the kids....
2007-07-30 01:15:39 · answer #7 · answered by kit-kat 2 · 0⤊ 0⤋
She could ask for custody with no visitation from the father. I suggest she doesn't do that though. That's where the problem starts, he has to be in the child's life no matter what happens.
2007-07-30 01:15:40 · answer #8 · answered by swiftyman08 3 · 0⤊ 0⤋
There may be reasons that a father is not allowed to see his children, but having another woman is usually not among them!
His solicitor/lawyer will soon sort this matter out.
2007-07-30 01:23:25 · answer #9 · answered by thing55000 6 · 0⤊ 0⤋
No can do. It doesn't matter what he is doing in his spare time, unless it can be shown that she is interfering with the kids in some way. Your friend needs to speak to a real attorney, not a yahoo.
2007-07-30 01:15:42 · answer #10 · answered by Sondra 6 · 0⤊ 0⤋