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Indiana Family Lawyers - Step-parent visitation?
What rights does a step-parent hold in regard to visitation with my son? I hold physical custody of my son. My ex works nights and refuses to allow me rights to visitation while he is at work. He's remarried so my son is in the care of the step-mother while he's at work who constantly verbally badger's my son, talks mean, and my son pretty much hates her. My ex believes she is the perfect step-mother on the contrary. I have filed a modification of parent visitation and have a pending hearing in May. My ex states that his wife (step-mother) is an extension of him and she has the right to vsitation instead of me during his scheduled visitation. Does anyone know the answer to this or have gone to court over this very same issue?
6 Answers
- kpLv 71 decade agoFavorite Answer
I’m NOT an IN family attorney, but...
You have primary custody, right?
This is not a stepparent visitation issue. In this case DAD has visitation and is leaving the child in the care of the stepparent while he works. During his time he can leave the child in the care of anyone he chooses unless a court has ruled otherwise.
Do you have a “Right Of First Refusal” provision in your parenting plan? Even if you do, that may not apply in a situation where he’s leaving the child with a stepparent, because the court may recognize her as a ‘household family member’…AND, actually in IN, I believe they DO recognize stepparents as household family members (I certainly could be wrong though!) and therefore Dad would not have to give you right of first refusal . So if that’s the case, there’s nothing you can do UNLESS you can *prove* that step-mom is a danger/harmful to the child. So the question then becomes…can you prove any of this?
- 1 decade ago
I am not in your exact shoes, but I am basically in the same place as your son. From experience, it is well worth it to take your ex to court so that he only has visitation rights over your son when he himself is there. My Father took my mom to court for full custody and won because my mom was verbaly and physically abusive. It will help your son cope with the divorce a lot easier if he doesnt have to deal with an abusive step-mother.
It is up to you though. Just my .02
--Patrick
- 1 decade ago
In Florida, the parent whos visitation time it is can have whomever they choose babysit, etc. and the other parent (primarily custodial or not) can't take charge so to speak without going to court for modification or unless there's a safety or neglect issue and I don't think "badgering" falls into that category, so his "extension" of himself is actually a ridiculous way to put it since it wouldn't matter if it were a wife, girlfriend, other relative etc., he sounds like he's got a major control issue, since I don't see why there's any harm in your extra time.
- Anonymous1 decade ago
You need to march yourself into court and tear that ex and his wife up!!!
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- Anonymous1 decade ago
SEEK A LAWYER! AND YOUR IN MY PRAYERS! GOD BLESS YOU!