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BLeonard

Member
What is the name of your state? IN

From reading posts, I know a lot of you get rather irritated when a stepparent referres to kids that are not biologically theirs as "Ours" and also use "We." I'm just itching to see some of the responses to this one. Here's the backstory:

I'm married to a woman who has four kids from a previous marriage. Her ex is custodial parent, and was re-married in July. Until the point of his marriage, things were pretty friendly, no complications. Of course, after he was remarried, things changed. He just took my wife back to court to attempt to get her visitation suspended, which he, of course, was unsuccessful in doing. Here's where it gets good...

At the hearing, he presented my wife with a three page typed letter to the judge by, you guessed it, his new wife. In it, she used your favorite terms "we" and "our" in regards to the kids well over 50 times, and what she (the stepmom) feels should be done. The fact of the matter is, almost none of the letter is true, which can be easily proven, and her knowledge of anything would be non-existant, due to the fact that she has only been here once and, on top of that, they refuse to give my wife a number at which she can reach her kids at. In the letter, she claimed that my wife "refuses to work," even though she has a fulltime job. She claims that "we have talked about" this, and "we have talked about" that, yadda, yadda. Her "facts" are sorely incorrect and again, can easily be proven so. Basically, it's a "let's get mom out of the picture" letter," while trying to appear that that isn't the intention. But, here's the kicker....

My wife has asked for school records, medical records, copies of birth certificates for the girls, etc, which she is fully entitled to. Her ex simply refused the information, not even telling her that he decided to move the kids to a new school. Finally, my wife simply got the contact information, went into the school personally and got the school records she wanted. There has still been no medical records mailed to her, though her ex and his new wife claim that the kids visit the doctors often, and they also try to push the blame on us. For examply, one of the girls has hypothyroidism, while another is bi-polar. They claim that the girls wouldn't have these problems if mom's visitation was taken away.

While looking over the school records, my wife learned why her ex didn't want her to have the information... The enrollment forms, filed with the school, was under an address that they do not live at. They live at least 20-25 minutes away from the school, which is well out of the school's district... Had they put their real address, which was verified in court, the kids would not be allowed to even attend the school. Also, and this is the clincher... Under the mother's name slot? You guessed it, the new stepmother... Her contact info, etc, etc... There is even a note on the enrollment forms stating that, in the event of an emergency, "Call Mom - works from home" obviously referring to the stepmother. They also claim that the children live "with both parents," when there is the option of "Lives with one parent." The birth mother, my wife, is not even listed as an emergency contact, or on the enrollment form in any manner whatsoever, for that matter. The enrollment forms were filled out by the stepmother and signed by the father. In other words, she wrote them, he signed them.

Now, back to that three page letter... The first thing listed in this letter is: "It is not my intention to replace her (my wife) as the girls' mother." If she's not trying to replace my wife as the mother, why is she putting her name on school documents as the mother of the kids?

Basically, my wife is planning on taking her ex back to court regarding matters that he has refused to do, blatantly violating the divorce decree (Not providing her with documentation from school, medical visits and refusing visitation is a small example). The main questions she has, and I figured I'd post it here: Is there anything she can do regarding the stepmother overstepping her bounds when she wrote the letter to the judge and falsifying the school records? Could the school records be potential proof that the stepmother is in fact attempting to shut the biomom out of the girls' lives? If so, what should be done? What's the maximum penalty that would be incurred on the stepmother for the interference? Could my wife file for change in custody based on it? She's just looking for the best route to go regarding the entire mess. Any help would be appreciated.

-Bill
 


LdiJ

Senior Member
She could make a list of the various things that the stepmother has done that have been out of line or usurping of the parental role, and make sure that the judge is made aware of all of that.

She can ask the judge to order that mom's name be included as the mother for all educational and medical purposes, and that communication regarding the children take place between mom and dad only.

If your wife has all kinds of contempt issues for the court to address (and your post seems to indicate that she does) the judge is not going to be pleased with dad, and particularly not with stepmom......particularly if your wife makes it clear that up until dad's remarriage, they had an amicable co-parenting relationship.
 

BLeonard

Member
Great, thanks for the info...

Couple of other questions...

Since the school documents were falsified, and my wife has concrete proof of that, could she potentially ask that her ex (and his new wife, since they both participated) be brought up on criminal charges? From what I have read, in Indiana, forgery, counterfeiting and application fraud are felonies. Whether or not that applies to school documents, I'm not sure. As I said before, there is more incorrect information on the enrollment forms than correct information.

Also, could my wife file a suit of any kind against the stepmother, due to the interference? I've read in similar threads that people reccommend filing a "civil tort." What are the potential ramifications?

As I stated before, my wife and her ex had a pretty civil relationship, prior to his re-marriage. She really doesn't want to complicate matters, because in the end, it's only gonna hurt the girls. At the same time, however, she's not going to be pushed around and is looking for any and all possibilities to get the problems correctred.

Any feedback? Thanks again for the comments.

-Bill
 

fairisfair

Senior Member
careful, Bleonard, when you change from protecting the children to revenge against the other parent. you will begin to get those responses you so eloquently referred to in the first post. ;) :rolleyes: :p
 

CJane

Senior Member
Did the judge actually SEE the letter?

Gawd... I'm sorry, but it's really nice to know I'm not the only Mom dealing with a LovelyNewWife of that magnitude.
 

BLeonard

Member
Did the judge actually SEE the letter?

The letter that the new stepmother wrote? I would hope so, it was addressed to the judge. My wife was handed a signed copy of it by her ex. If he didn't see it, she certainly has proof that the letter exists. I'm not 100% sure, but, as I said, it was addressed to the judge, so I would assume he saw it.

And, fairisfair, I was simply asking if it was POSSIBLE to do. It's her case vs her ex, not mine. I was simply asking a question of what all of her options are in the situation. What she does with the answers is her business.

But, while we are on that subject, I do have another question... In all of these incidents with her requesting documents and him denying visitation, etc, etc, I have been an eyewitness to all of it. As a matter of fact, I'm the ONLY eyewitness, as the new stepmom hardly ever comes on the trips to get the girls and, when she does, she stays in their vehichle. Is there any way that, with the knowledge that I'm the only eyewitness to the events, the judge would ask me to testify?

Again, I'm not getting in the middle of it. It's her battle against her ex. Period. I'm just asking if these were possibilities.

-Bill
 

ceara19

Senior Member
The letter that the new stepmother wrote? I would hope so, it was addressed to the judge. My wife was handed a signed copy of it by her ex. If he didn't see it, she certainly has proof that the letter exists. I'm not 100% sure, but, as I said, it was addressed to the judge, so I would assume he saw it.
Actually, Judges tend NOT to read things that are addressed to them personally. So, there is a very good chance that the Judge never read it. Your wife should have it submitted as evidence in order to make sure that it IS read.
 

fairisfair

Senior Member
The letter that the new stepmother wrote? I would hope so, it was addressed to the judge. My wife was handed a signed copy of it by her ex. If he didn't see it, she certainly has proof that the letter exists. I'm not 100% sure, but, as I said, it was addressed to the judge, so I would assume he saw it.

And, fairisfair, I was simply asking if it was POSSIBLE to do. It's her case vs her ex, not mine. I was simply asking a question of what all of her options are in the situation. What she does with the answers is her business.

But, while we are on that subject, I do have another question... In all of these incidents with her requesting documents and him denying visitation, etc, etc, I have been an eyewitness to all of it. As a matter of fact, I'm the ONLY eyewitness, as the new stepmom hardly ever comes on the trips to get the girls and, when she does, she stays in their vehichle. Is there any way that, with the knowledge that I'm the only eyewitness to the events, the judge would ask me to testify?

Again, I'm not getting in the middle of it. It's her battle against her ex. Period. I'm just asking if these were possibilities.

-Bill

The fact that you were asking, Bill, makes me believe that you might be interested in doing something like that. Yes forgery is a crime, whose signature did they forge? Counterfeiting? you mean they are making money? credit cards? what? I doubt seriously that you are going to have them convicted of a crime, more likely, admonished by a judge.

Most likely a judge will not ask you to testify, but she can have you testify on her behalf.

and what ceara said.
 

BLeonard

Member
Actually, Judges tend NOT to read things that are addressed to them personally. So, there is a very good chance that the Judge never read it. Your wife should have it submitted as evidence in order to make sure that it IS read.

Oh, she intends to... Along with the school documents she received with the stepmom listed as the mom, etc, etc... When her and her ex got divorced, she obviously got a copy of the divorce decree and a copy of the Indiana Parenting Time Guidelines. Recently, she went through the entire document and highlighted things in the decree that he has failed to do, along with things in the Guidelines, and, that document is about half yellow with highlights now. So, he's likely in a lot of trouble. The stepmother writing the letter is just additional.

-Bill
 

BLeonard

Member
The fact that you were asking, Bill, makes me believe that you might be interested in doing something like that. Yes forgery is a crime, whose signature did they forge? Counterfeiting? you mean they are making money? credit cards? what? I doubt seriously that you are going to have them convicted of a crime, more likely, admonished by a judge.

They didn't forge a signature... They claimed that the girls were living at a different address than what they were, and the stepmom filled out all the paperwork as if she were the biological mother. The only way they are "Making money," if you can call it that is, by using the false address, they are not paying out-of-district tuition... So, they aren't really "making money," but, they certainly are avoiding paying it. Would a school enrollment document fall under the category of "application fraud"?

Thanks for all the replies.

-Bill
 

BL

Senior Member
First get a copy of the School's registration form with the false info .

Secondly , demand the school correct the info .

Keep both the registration form & the letter , and submit them as evidence as was suggested in any upcoming Court proceedings .

I also agree , do not try to make this a revenge issue , but rather have a calm , cool , and collective attitude about it , but be firm & confident .
 

BLeonard

Member
First get a copy of the School's registration form with the false info .
Got all four of them

Secondly , demand the school correct the info .
The school said that they'd need to contact the father first to do that. They already admitted to calling the father when she sent the initial letter requesting records... I was under the impression they weren't supposed to do that...

Keep both the registration form & the letter , and submit them as evidence as was suggested in any upcoming Court proceedings .
She intends to include copies of the letter and the registrations in the letter she sends to the court. Or, is there a better way to submit items as evidence?

I also agree , do not try to make this a revenge issue , but rather have a calm , cool , and collective attitude about it , but be firm & confident .
She's not looking for any kind of "revenge," she just wants the rules to be followed.

Thanks again for all the feedback, it's been helpful.

-Bill
 

LdiJ

Senior Member
She's not going to be writing a letter to the court. She is needs to be filing a petition for contempt against dad with the court...and needs to follow the proper procedure to "serve" dad.

She needs to be going down to the local courthouse to ask for the forms and instructions for filing for contempt.
 

BL

Senior Member
Originally Posted by Blonde Lebinese
Secondly , demand the school correct the info .

The school said that they'd need to contact the father first to do that. They already admitted to calling the father when she sent the initial letter requesting records... I was under the impression they weren't supposed to do that...

That's baloney , first you state that Dad attempted to modify visits , then you state Mom reviewed school records and got copies .

So , you are already established to the school as a Parent ( if they don't have a copy of Court records - Etc. proving it provide a copy ) , and reiterate the fact you were able to review records and obtain copies .

You contact the school's proper official dealing with these records , provide proof and DEMAND the records be corrected to reflect you as the Parent Immediately, etc .

I know , I've been there .

There is NO reason they need Dad permission to change to legal MOM and address , tel. # , etc .

If they won't try contacting FERPA ..
 
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