my husbands wife is trying to terminate his rights cause she dont like me.can she possibly do that?

Question

she keeps his son away from him for months at a time and tries to make it look like he dont try.he doesnt get his regular visitations.she doesnt like me so she thinks she can make my husband choose between his son or I and that the courts will make him do the same.she thinks she can make it to where i cant be in the court room to testify,i have proof of her keeping his son away from us..

yes it is his exwife,my fault..its my husband

Answer 1

Wouldn't your husband's wife be you?

Answer 2

The custodial parent cannot terminate the rights of a noncustodial parent, although these games, sadly, happen way too often. The court can terminate either parent's rights, but they have to do some pretty bad things (which is common for women to accuse men of) but rarely proven and the courts realize these games are played. Your spouse should have a visitation order in place, stating when visitation is to occur. (be specific as possible ie every other weekend - with a starting weekend well defined). The Courts (at least in California), try to award joint legal custody with one parent as primary physical custody with reasonable visitation (every other weekend and one night a week, and alternating holidays if you live in the same town - different towns, still should get alternating holidays and summers). You want a court order that is specific enough that anyone will understand it (i.e. the police) - include pick up/drop off times in case the custodial parent tries not to comply. It is frustrating, but hang in there. A good attorney will help, or even going to the family court (Child Support Place) and ask about mediation. The Child Support people represent their state, but they do their best to help the child - who needs a mother and a father. The key thing is to remain calm, cool, and collected. Persistence helps. I was in and out of court for years because of a wife who wanted "to be in control". My son grew up and we get a long fine.

Answer 3

You are your husbands' wife. Since he can not legally be a bigamist, you probably mean his EX-wife? If you have done something to threaten, or harm, the child the child can be kept away from you. Otherwise, there would be no reason for such. Get an attorney of your own, petition the court to appear as an Amicus Cureii (unsure of spelling) which is a "friend of the court", with information of interest to the court concerning the child. If accepted, the court will let you in to testify in the interest of/on behalf of the child.

Answer 4

I surely hope that you mean EX wife.
Anyway, first she would have to prove that he has not made an attempt at contact for at least 6 months. Now, she must maintain a published phone number. If she frequently changes her number and keeps it unlisted, that is not acceptable and any decent lawyer would not take her case and should advise her against this course of action.
Next, your husband must be contacted by her attorney or the court to advise him on her intentions (that a petition has been filed). He can contact the child and the whole thing is void.
If she is keeping the child from him in defiance of an exisiting order for custody and visitation, he needs to pursue this as contempt of court. Enough successful charges of contempt and he could end up with the child.
Finally, there is nothing that she can do to keep you from defending your husband. She can not like you as much as she wants, the bottom line is this, your husband has a right to his child and to provide an adequate defense against accusations made against him in court.
Get a good lawyer and stick it to her.

Answer 5

first off, altho you are involved here obviously - the problem is that YOU can't do a darned thing. Unless your husband stands up for his rights and insists on regular visitations - which i assume are set out in the divorce decree - and is willing to take the ex to task for her poor behavior, nothing is going to happen. You have no rights in this issue. Tell your husband to get a lawyer and insist on his rights to his son. If he doesn't do it, then he doesn't want the kid. If money is an issue, there are services that will help in situations like this. It all depends on where you are located and what laws govern your area. good luck and I hope it all works out for you both - but especially for the son who's being some sort of pawn in the ex wife's plan - stupid witch!! Sure doesn't love her kid if she can do things like this to him!

Answer 6

He needs to take her to court. She cannot terminate his rights and she cannot keep his son from him. Tell him to call his lawyer right away and get this taken care of.

Answer 7

My husbands wife is trying to terminate his rights cause she dont like me.can she possibly do that?

Answer 8

Keep proof of everything... record times and dates in a notebook.
She can't make him choose, and the courts wont make him choose!

Answer 9

If he has a decree that says what his visitation is, she can't go against it. That is contempt of court. She can't keep you out of court either. It does, however, look like you stayed out of English class.

Answer 10

You need to talk to a lawyer. This is too important to mess around with on Yahoo! If you can't afford one, contact your local Legal Aid Society.

Answer 11

they arent going to use you in court. you have nothing to do with the situation. When they set visitation, if she has anything on you, she may be able to get supervised visitation...but otehrwise, she will probably not legally keep him away.