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Indiana Family Law - 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 visitation instead of me during his scheduled visitation. Does anyone know the answer to this or have gone to court over this very same issue?
My ex gets 2 weeknight/overnight days per week and the step-mother picks him up after school at 3:25 and my son doesn't go to bed until 9pm so she has several hours to badger him and basically from what my son says, he is treated like badly and talked to badly. I don't believe she wants him but takes him just to spite me. I'm the mother and my logic is.... I should have a right to the time with my child over a step-parent when his own father isn't actually spending time with our son. My son absolutely hates her and cries when he has to go with her. It's complicated, but he now has low self-esteem and no confidence and now feels like his feelings and being doesn't matter. He's only 8 years old it breaks my heart to have to turn him over to the wicked step-mother!
8 Answers
- Boston BluefishLv 61 decade agoFavorite Answer
She does not have the right to interfere with your legally sanctioned visit. Outside of your time, if she has parental permission she can visit as she wants to. Your case is about being denied your visit,, not what she is doing, don't confuse the issue..
- CritterLv 61 decade ago
I'm confused. If you hold physical custody why do you have visitation rights? I thought it was the non-custodial parent who has visitation.
I believe that in most states, while your spouse has the child in his care he is allowed to make arrangements for child care so he can work. That would include leaving him with his wife. (But again I'm confused. If he works nights wouldn't your son be sleeping most of the time? Does the step-mom keep him up to bother him?) Anyway, you would have to prove that she's not fit to care for him to get much changed.
And if she's an extension of him than she should also be able to pass over the child for visitation just like he would. So that's a flaw in his logic.
- chiefs fanLv 41 decade ago
Wow i am a stepmom myself and I would NEVER badger or talk bad about the kids parent. No matter what. How old is your son some states let the child decide where they want to live based on age my state is 14 the child decides, and the judge goes by what the child wants.
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- 1 decade ago
The court is the place to be. The 3 of u need to sort this out. Yr son is the one who is losing. Don't be spiteful. Just sort it out thru the court and remain a good parent.
Yr concern should be for yr son and that is how u present yrself to the court. You want yr son to SEE HIS FATHER. That is the purpose of the visit. NOT to spend it with his stepmother, alone. It may be easier for yr son to build a relationship with her if it included his dad as well.
Good luck. Get this fixed for the lad!
- fuzzypetshopLv 41 decade ago
I personally have a deep empathic view towards your problem. It should be a more cordial relationship since He is responsible for His well-being till legal age. He won't win in Court if you continue to prove that your ex's wife is a problem to your son's well being, physically and emotionally. One day, let us pray that Dad will see the light and give your son the God-Given Love He should have, instead of frustrations. My prayers go out to you and your son. May God Bless You.
Source(s): My grand-children (3) have a verbally nasty grand-mother, my 'EX'. And not a day goes by that something nasty is spoken of me, and I live 2000 miles away, and only have communication with my son. - FaithLv 41 decade ago
In most states, a step parent has no rights to your son. If you appeared with a police officer to get your son, she would have to give you custody. She doesn't have the right to have custody of your son. I'm glad to hear that you're having a custody hearing soon, it sounds like a bad situation for your son. A link discussing the topic is below.
