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Jen
Lv 6
Jen asked in Politics & GovernmentLaw & Ethics · 8 years ago

Child Visitation question ...?

I am aware that all states are slightly different, but in what kind of situations would a mother be able to ban a father from contacting his children?

The father does not do drugs or even drink.

The father pays child support.

The father lives in another state.

The father does not have a history of violence.

The mother has blocked the father from having contract because she wants the kids to see her new husband as their father. She says she doesn't want the kids to be confused. Her new husband, by the way, was sleeping with her before she divorced the father of her children. The infedelity is the reason for the divorce. She's a cheater. And she went behind the real father back and had the kids last names legally changed. Yes, that can happen even without a fathers permission.)

Update:

I'm also wondering if there is any way we can hold her liable for any of her actions - changing the kids names behind his back and actively blocking him from their lives.

Update 2:

Their new "dad" does make a significanly larger amount of money than the kids real father, but that's the only "interest" I can see. Mom is afraid that new dad will bail and take his money with him if she doesn't press this point. It's ugly. I actually cannot believe I'm seeing a mother behave this way. They mentioned adoption but said "that cost money." Besides, the father would never agree to allow him to adopt. Those are his kids. He loves them and wants them to know it.

Update 3:

Life - courts are ugly as hell. I've seen it. We know at the end of the day the judge will make rulings based on their own personal biases. The legal system is the US is corrupt. We know that, we've seen it at play. We also know that the States intersts are in keeping the custodial parent off any State aid, not on what's best for the kids or what is reasonable for the parent paying child support.

5 Answers

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  • ?
    Lv 7
    8 years ago
    Favorite Answer

    Although child visitation guidelines vary from state to state, judges have a lot of leeway in writing the visitation order. He could consider the needs of the parents and the child.

    Who is sleeping with whom and how much money either parent makes are irrelevant to child visitation issues. The new husband is NOT the children's father. Children have the right to have healthy relationships with both their BIOLOGICAL parents.

    Mom cannot legally change the children's name without Dad's permission. If she did, she committed fraud and forgery. Dad could have the name change reversed.

    New husband has no legal obligation to support his step-kids. Therefore, his income WILL NOT and CANNOT be an issue.

    Bio dad has parental rights. The children CANNOT be adopted by mom's new husband without his consent.

    Mom is in violation of the visitation order. Dad needs to assert his parental rights. File contempt of court charges against her. She could lose custody of her kids, and she could also go to jail. Interfering with child custody is illegal.

    The courts are only interested in what is in the best interest of the children, and not what mom, mom's new husband, dad, or even the children want. Again, it is in the best interest of the children to have healthy relationships with both their biological parents.

    Hope this helps

  • ?
    Lv 7
    8 years ago

    The legal standard is the children's best interests. If the court is convinced it is in their best interests to have no contact with their biological father, then there will be a no-contact order. BTW, if step-hubby wants to be the kids "real" dad he should file for a stepparent adoption. Part of adoption is getting the biological dad's parental rights terminated. I don't see the court doing either with the facts you've given.

  • 8 years ago

    Unless the father has molested his children or have a history of violence or excessive drug use, there is no way that a mother can keep him out of their lives. Nothing you've listed says to me she has any chance of keeping him out of their lives. If she wants her new husband to be seen as their father, that's just too damn bad...she should have just had sex with him and had children with him then. She chose to have sex with this other guy and has to live with it now.

  • 8 years ago

    She can be anything from you view. The problem is the judge is at her side that make you in very difficult condition. You have the law. All you did and you want are reasonable and lawful. But it is so popular to see the judge ignores the law and we can do nothing. I think you need to look the case as how to make the judge to follow the law. Judge's duty is to keep both sides under the law but the some judges do their own convenience regardless the law and the consequences we have to suffer. Good luck to you.

  • ?
    Lv 4
    5 years ago

    the youngsters are with the father each and every weekend, and via the week they're with you? is that ultimate? in case you finally have been the extensive-unfold parent it may be very complicated for him to get custody of them. it is effortless to take him to courtroom for newborn help so which you do no longer would desire to concern if he would be proposing you with money for the youngsters. it truly is no longer his problem what you spend the money on, as long because of fact the youngsters are nicely taken care of. you are able to deny him choosing up the youngsters in concern he wont return them, if he's threatening you of bodily no longer giving them back "i does not enable him to get them", except I had a documented and signed that he might return them after visitation. I say you get your self an lawyer to guard you and your infants. he's unlawful… nicely you are able to say you're afraid he will take the youngsters to Mexico and not return them. IF he's legal the ball is truly on your courtroom!!

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