Does my mothers husband have any legal right over my children?

Question

My mothers husband (who molested me as a child) is under the impression that he has legal rights to see my children. My children are in contact with their biological grandfather and have not seen their biological grandmother in a year and a half due to her husband still living in the house. While I have made all attemps for her to meet with me somewhere so that she can see he grandchildren she has chosen not to. Does her husband have any legal standing if this goes to court...which he is threghtening to do?

Who chould I contact about stopping my ex husband from allowing my one child to go over there?

IT was NEVER my intent to stop my children from seeing my mother. I just said that my children will not go over there. However with everyone talking about Her grandparent rights.... here is another question..... I have 2 children. She only wants to see the one...my oldest. Will that hurt her in court that she does not want anything to do with my 3 year old?

Answer 1

Your mother's husband has no legal right to be involved with your children. All he is to those children is the man who married their maternal grandmother. You have every right as the mother of your children to keep your children from harm. Your ex husband has no right to over step HIS boundaries during visitation and take your children to your mother's home against YOUR wishes...however YOU have to go to court and have the visitation portion of your divorce papers amended to state this. In custody and visitaion you can't just "say" you don't want the children to see anyone...It ALL has to be done through the court.

Answer 2

First of all tell your mothers husband that if it goes to court he will not be allowed to see any children, because of what he did to you in the past. Second of all, does your x know what your mothers husband did to you? If not tell him and he will keep your child away.
I know that it is hard and painful and you are trying to protect your children, if you didn't say anything before then now you should. Your mother is hurting herself by not seeing both of her grandchildren, yes the court will look at the fact that she only wants to see the one.
How long have they been married? Just remember that if he has been there for a long time then it gets harder to decide legal rights, but he is not legally family to your children ( as long as he did not adopt you). It is a tough situation for you, I hope it all goes well for you. Just don't be afraid to stand up and speak up. Your children would be in danger being around him and you know it. Don't back down from him.

Answer 3

Depending on what state you live in, there are Grandparent rights. Although he may not have any rights, the biological grandmother does. In the event that she takes you to court, I would explain what happened to you as a child. Also, does your ex know what he did to you as a child? If so, then I would certainly speak to a lawyer and let them know what is going on and the danger that he is putting your children in. I would also speak to you child. DO NOT tell them bad things or try to turn them away from this man. Your best bet is to explain to them how much you love them and dont want to see them get hurt. Tell them that if anyone ever touches them in anyway, you want them to tell you about it. I think that you really need to just see an attorney....I would also talk to the courts and get a protection order against him.....you may need it

Answer 4

No, he has no right to see the child or children UNLESS he has had a hand with raising them at some point. To prevent your ex from doing something behind your back you will need a court order. See a family law lawyer.

Answer 5

He has no say whatsoever. He is not related to your children, so he hasnt got a legal leg to stand on. Your mother is probably in denial and doesnt believe her husband molested you. I guess its a pretty painful experience for you to remember, but maybe you need to have her husband charged with sexual assalt of a minor.....its not too late. Maybe when the proof is staring your mother in the face, it may be the beginning of a relationship between your childrens grandmother and them. She needs to get rid of this paedofile because if he did it to you, then God only knows who he is doing it to now. He needs to be exposed....at least, so your mother's eyes can be opened.

Answer 6

I don't think your mother's husband has ANY rights to see your children and I'm not sure that your mother does either. You've made reasonable accommodations for your mother to see them and so she has no legal standing for saying that you're violating her rights as a grandparent. She has no right to have them alone or on her terms.

He can threaten all he wants, he has no relation to these kids.

Answer 7

Most courts in Canada are loathe to tell a parent just who must see them after a separation---the big question is this----was he charged for molesting you ?---if so there will be a record with the Child Protection Services---get it---let the pedophile take you to court---then BURN him bad with the record---also ---there must be a childs advocate involved if it goes to court---usually a lawyer or C.P.S. designated by the courts for the childrens wishes to see or not to see this person or any person for that matter---that will help you if there is no record on this person who you say molested you-------and YOU had better be able to prove that----or face liability-----i know what im talking about----my Xs aunt sexually interfered with my daughter----never charged though due to my Xs negligence---the aunt tried to get access to the children in a separate court proceeding---i told my lawyer what she had done---he immediately asked the court judge for a childs advocate---which by law i received for them----the advocate met with them privately and the children said NO we do not want to see her----the aunt still was determined to see them and as is the mind of the pedophile continued the court actions---even though the judge told her the children did not want to see her, she insisted that she had a right to see them----the judge told her that she had a right to proceed with the case----but---she would be facing FULL court costs to proceed if she failed---he then ordered her lawyer to read over to her, appeals that had failed at the court of appeals for Ontario ---which her lawyer did during a remand of the case---she promptly dropped her access case----the judge stated that no court could ever order access by a parent to someone who was not DIRECTLY (genetic parent / genetic grandparents ) in any proceedings before the courts---this guy is your step father----he has no rights at all---your mother yes---but---you can demand of the courts that all visits be supervised at such supervised facilities by your mother, as you and i know if its at her home the step-father of YOU will be their---right---you will win this---dont worry---tell your lawyer----or court appointed lawyer about what i said---you also have not really stated that you are with the childrens father---if your not and the childrens father is taking them to her place ---tell the judge and he will place restrictions on him too from doing that---if he continues then he will be in contempt of a court order---make sure its a restraining order and have in the restraining order that any and ALL police enforcement officers must intervene and observe the orders intent---if your X continues he can and will have his visitations at a supervised facility----wow---if you cannot do this in the States---there is something really wrong there---lobby---get it fixed---fast---for all childrens sakes---OK---let me know how it goes too ?

Answer 8

Yes they do have rights.
But you have tired to make it so your mother can see the kids, she hasn't, & picking one over the other will just hurt the kids, don't let her do that.
You are doing the right thing by keeping them away from that man and if they want to see them then tell them to come to your house and dont let the kids be alone with them.
That way if it does go to court you can tell them that you do allow them to see the kids.
It is your job to protect your kids and you need to do what you think is best at the time.

Answer 9

Get a good family law or divorce lawyer. Do anything to protect your kids. SOunds like step grandpa is a piece of **** and instead of seeing "his" grandchildren ought to be in jail.
Does anyone know about the molestation? Might be a factor if you have to go to court. But, it might not. You need a lawyer.

Good luck.

Answer 10

No, it isn't "legal" for her to collect child support for a child that wasn't living with her, and there is probably little way to prove she isn't sending the money to the grandmother anyway. Regardless of where the money was actually going the child father was responsible for paying child support and if the father is as far in arrears as you describe then there is no real way of proving that the mother wasn't even "splitting" the arrears coming in... Even if the court order is changed now, he will STILL owe the arrears until he is settled in full. Also, how involved was this father to NOT know where his son was attending high school?! I feel for this child whose mother pawned him off on a grandparent and a father who basically disowned him... BOTH parents should be ashamed of themselves!!!