Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 21
  1. #1
    Join Date
    Oct 2016
    Posts
    18

    Default Can a Stepfather Be Legally Charged with Visitation Interference

    My question involves a child custody case from the State of: Alabama

    My children's new stepfather has blatantly violated the visitation agreement and has cost me time with my children. I plan to take legal action, as I want to go after him legally. However, I am not sure if that is an option. Could he be legally charged with obstruction of visitation, or would that charge fall to my ex-wife for allowing her new husband to interfere like this? Don't get me wrong, I would be perfectly fine with her being penalized. However, I feel like he should be prosecuted as well since he cost me valuable time with my children. He has taken over and seems to believe that he is the biological father. He does NOT get that stepparents do not have the same type of legal rights that biological parents do. However, one way or the other, he soon will understand either by my ex wife being punished or him being punished, or both.

  2. #2
    Join Date
    Jul 2010
    Posts
    7,861

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    Without any details, we can't say what your options are. Maybe take your ex back to court to have your custody orders amended?

  3. #3
    Join Date
    Oct 2016
    Posts
    18

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    My ex and I have joint legal custody. It is a 60/40 split. The children spend weekdays with my ex-wife and every weekend (which is extended to include a good portion of Friday and Monday) with me. However, her new husband is blatantly interfering with this. He is the one dropping the children off and picking them up, even though he is NOT the one I am supposed to be dealing with. He said that "something came up" a few weeks back, and would not say what that "something" that "came up" was. Slightly suspicious. I did not get them at all that weekend. If something does legitimately come up, then makeup arrangements MUST be made. He informed me "I will get back to you on that". He is also dropping them off late and picking them up early. The last time that I informed him that he was in violation of the law by interfering with my LEGAL visitation rights, he informed me that he had more rights than I do. I am NO lawyer, but I do know that in Alabama, stepparents do NOT trump biological parents UNLESS the stepparent has legally adopted the children, which obviously has NOT happened and will NOT ever, under ANY circumstances, happen in this case. I would like to have him charged with violating a court order, but I am not sure if he will be the one to suffer any consequences since this is my ex-wife's legal responsibility. At any rate, at least one of them is in some trouble, and honestly, I prefer that it be him. Also, I would like to add that the arrangement was working fine and my ex-wife was following the order to the T. Then she met this guy, married him, and that is when everything changed.

  4. #4
    Join Date
    Jul 2010
    Posts
    7,861

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    Him doing the drop offs and pick ups is not illegal nor is it interfering with your visitation rights beyond whatever time is missed by his tardiness. Why is he now doing all the transport instead of your wife? The police aren't likely to investigate this, they are going to tell you to take your ex back to court to have the order amended/clarified. Have you spoken to your ex about the need to arrange makeup time?

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    Quote Quoting free9man
    View Post
    Him doing the drop offs and pick ups is not illegal nor is it interfering with your visitation rights beyond whatever time is missed by his tardiness. Why is he now doing all the transport instead of your wife? The police aren't likely to investigate this, they are going to tell you to take your ex back to court to have the order amended/clarified. Have you spoken to your ex about the need to arrange makeup time?
    Agreed.

    And frankly this doesn't even come close to what the courts generally perceive to be "custodial interference". He's just one more stepparent who thinks they're something more than they are.

    Now for some real-word advice. STOP engaging him. Do you not understand that by puffing your chest you're playing right into their game? You know what's going to happen if that continues ... right? YOU are going to look like the idiot. Don't do it. Smile sweetly, and get your order clarified. You can also ask the court to order that you communicate with Mom via FamilyWizard.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Oct 2016
    Posts
    18

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    Quote Quoting free9man
    View Post
    Him doing the drop offs and pick ups is not illegal nor is it interfering with your visitation rights beyond whatever time is missed by his tardiness. Why is he now doing all the transport instead of your wife? The police aren't likely to investigate this, they are going to tell you to take your ex back to court to have the order amended/clarified. Have you spoken to your ex about the need to arrange makeup time?
    My ex-wife will not comment on this. She has just let him take over everything. And of course, neither one of them are discussing any makeup time.

    Quote Quoting Dogmatique
    View Post
    Agreed.

    And frankly this doesn't even come close to what the courts generally perceive to be "custodial interference". He's just one more stepparent who thinks they're something more than they are.

    Now for some real-word advice. STOP engaging him. Do you not understand that by puffing your chest you're playing right into their game? You know what's going to happen if that continues ... right? YOU are going to look like the idiot. Don't do it. Smile sweetly, and get your order clarified. You can also ask the court to order that you communicate with Mom via FamilyWizard.
    I am not sure what you mean by "engaging him". I haven't done anything to him. ALL I want is to get her back to being the one I deal with. That's it. That was the way it used to be before she met (and shortly thereafter married) this guy. I just want to get it back to that, and I am hoping that by going back to court and getting the order clarified, that that is what will happen. Also, would his tardiness not be considered custodial interference? Please understand that I am VERY new to all of this.

  7. #7
    Join Date
    Dec 2013
    Posts
    835

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    When you say tardy, do you mean a few minutes, or a few hours? Also, why don't you make it so that you pick up the children during your time? Then you aren't relying on someone else dropping them off.

  8. #8

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    Quote Quoting McKay
    View Post
    I am not sure what you mean by "engaging him". I haven't done anything to him.
    What Dogmatiue means is to stop allowing them to see you get angry. It is what they want. Trust me, I've been there. You cannot control their actions, but you can control your reactions. If you fly off the handle, it will reflect poorly on you in court. Keep your temper in check. You can be angry and still behave calmly and rationally. Have you tried having a sit-down in a calm environment? Or is all that is going on is arguing?

  9. #9
    Join Date
    Oct 2016
    Posts
    18

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    Quote Quoting kroenke88
    View Post
    What Dogmatiue means is to stop allowing them to see you get angry. It is what they want. Trust me, I've been there. You cannot control their actions, but you can control your reactions. If you fly off the handle, it will reflect poorly on you in court. Keep your temper in check. You can be angry and still behave calmly and rationally. Have you tried having a sit-down in a calm environment? Or is all that is going on is arguing?
    Actually, I have never showed any anger. My ex-wife's husband, on the other hand has REALLY showed his rear end. He has beat his chest and proclaimed to be more than what he really is. He has literally thumbed his nose at me whenever I have mentioned the makeup time that I am owed. I have even had his behavior video recorded.

    Quote Quoting readytoleave
    View Post
    When you say tardy, do you mean a few minutes, or a few hours? Also, why don't you make it so that you pick up the children during your time? Then you aren't relying on someone else dropping them off.
    It's been hours. I have suggested that I be the one to pick them up during my time, but he says that the court order states that he is the one who is supposed to do that, which of course is completely untrue.

  10. #10
    Join Date
    Jul 2010
    Posts
    7,861

    Default Re: Can a Stepfather Be Legally Charged with Visitation Interference

    Quote Quoting McKay
    View Post
    Actually, I have never showed any anger. My ex-wife's husband, on the other hand has REALLY showed his rear end. He has beat his chest and proclaimed to be more than what he really is. He has literally thumbed his nose at me whenever I have mentioned the makeup time that I am owed. I have even had his behavior video recorded.



    It's been hours. I have suggested that I be the one to pick them up during my time, but he says that the court order states that he is the one who is supposed to do that, which of course is completely untrue.
    Sounds to me like your wife married a bully. Probably why she is sitting back on it. Take her back to court so she can be reminded how it is supposed to be. Expect years of this behavior, and possibly lots of trips to court, if she doesn't ditch him.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Grandparents and Third Parties: Is it Custodial Interference for a Third Party to Forbid Visitation in His Home
    By joes2580 in forum Child Custody, Support and Visitation
    Replies: 21
    Last Post: 03-11-2015, 06:52 AM
  2. Enforcing Custody Orders: Child Visitation Interference, Pro Se
    By flynwa320 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 01-03-2013, 10:32 AM
  3. Making a Visitation Agreement Legally Binding
    By simplyme123 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 02-18-2011, 08:33 PM
  4. Allegations of Interference with Visitation
    By ldbeucator in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 12-20-2010, 07:21 PM
  5. Stepfather's Rights To Visitation
    By GlennEwing13 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 02-14-2008, 02:20 PM
 
 
Sponsored Links

Legal Help, Information and Resources