Need Help With Custody Situation

[daddy2]

What is the name of your state?What is the name of your state?What is the name of your state? TX

I currently have joint custody of my 6 year old son. I was never married to his mother, but we live in the same city and have a civil relationship with open communication. I pay child support, along with all his medical, we split the cost of all his extracurricular activities, etc.... We have a court agreement of the standard visitation of 1,3,and 5th weekend, summer visitation and all the appropriate holidays. I am now married with two children, she married and has two other children but recently divorced from her husband, which would be my son's step father. She is now giving him visitation rights two weekends a month while she is at work. I would prefer that he be with me on those weekends. I have asked her twice to reconsider and allow him to be with me those weekends, but she is saying that he has just as much of a right to visitation with him as I do. Both my wife and her ex husband have been in my son's life since he was an infant. I offered to allow the step father to pick up my son two Sunday afternoons a month, but she is refusing anything but the two weekends a month. What are his rights compared to mine? I am not asking that he never see him as he has been a big part of his life, but I do feel that he needs the stability of our family. I am considering taking this matter to court seeing that my son is now having difficulties in school and behavioral problems. Any advise would be appreciated.

 

[sirxamiel]

What is the name of your state?What is the name of your state?What is the name of your state? TX

I currently have joint custody of my 6 year old son. I was never married to his mother, but we live in the same city and have a civil relationship with open communication. I pay child support, along with all his medical, we split the cost of all his extracurricular activities, etc.... We have a court agreement of the standard visitation of 1,3,and 5th weekend, summer visitation and all the appropriate holidays. I am now married with two children, she married and has two other children but recently divorced from her husband, which would be my son's step father. She is now giving him visitation rights two weekends a month while she is at work. I would prefer that he be with me on those weekends. I have asked her twice to reconsider and allow him to be with me those weekends, but she is saying that he has just as much of a right to visitation with him as I do. Both my wife and her ex husband have been in my son's life since he was an infant. I offered to allow the step father to pick up my son two Sunday afternoons a month, but she is refusing anything but the two weekends a month. What are his rights compared to mine? I am not asking that he never see him as he has been a big part of his life, but I do feel that he needs the stability of our family. I am considering taking this matter to court seeing that my son is now having difficulties in school and behavioral problems. Any advise would be appreciated.

First of all, he has absolutely no rights to your son. He was just a stepfather, and thats all. He cant go to court and file for visitation, and no court would grant him visitation over you. I would suggest that you file a petition to modify visitation. From what you posted, you do not have enough sufficient proof to prove any wrongdoing on the mothers part. If she wants to allow the child to see the stepfather, then she can. But you could extend your visitation if you could prove that she is doing this.Like I said, he has no rights to your son, and the courts will not grant him anything. You are the biological father, and you and the mother have legitimate rights. Period.

 

[stealth2]

Well, actually..... Mom has every right to use anyone she likes as child care while she's working - if she chooses to have her other ex watch him - she's allowed to, absent an order requiring her to offer you the time first. Is it safe to assume that stepDad also has the other two kids while Mom is working? It does seem reasonable to allow your son time with his other siblings, as well. It's entirely likely that a judge would not modify visitation in the interest of the Mom being able to allow contact between the sibs.