Tuesday, November 22, 2011

Family court lawyer out there? Need advice DESPERATELY!!?

In desperate need of help!!! My husband and I just got a call from my stepson (my husbands son)’ s school. Apparently our son’s “birth” mother went to the school and allowed him to get signed out of high school so that he can go to night school. We went to see the principal this morning and he let him back into the school. He is failing and played hooky for 24 days. We now have to go to hearing through the board of Ed to find out if he will be left back. We will do what we have to do but long story short. Our child’s birth mother had no right to sign him out of school. Our son’s primary residence is with us not her!! Legally what can we do? My husband is so upset. We want to call her and tell her we will no longer be sending the kids to see her on Wednesdays any longer. If we do this, is that considered kidnapping? Legally we don’t want to get in any trouble but we have had enough! What would happen if we refuse her the visitations?





Thank you so much for any help and advice!!!Family court lawyer out there? Need advice DESPERATELY!!?
Ok, First I completely agree with you that she had no right to sign him out school like that, but, and I know you don't want to hear this, as his birth mother, the law says she has every right to do that if she so chooses provided you and she have joint or shared custody of him.





As for not wanting to send your kids to see her on Wednesday's anymore, you have every right to do that, however, if you choose to do so, she will have the right to take you to court and sue you for custody and or visitation rights with any children that are biologically hers.


(NOTE: If they are not biologically her children and/or she has never been granted any form of legal custody of them, then she has no legal claim to them and there is nothing she can do )





If they are biologically hers, then she does have legal claim to them and you will have to officially inform her that your children will no longer be visiting her and if she wants to see them you will have to meet in court.





Your husband will also need to sue her for full custody if he wishes to keep her children away from her, if they are her biological children and she wants to be in their lives, she has every right to be and I'm sure she'll fight you in court for either full or joint custody.





I suggest, if you can afford it you hire a lawyer to help you get through all of this. Make sure you have a judge certified copy of the custody agreement of all involved children as well.





I also strongly suggest you think long and hard before you do anything, as your stepson may react very badly if you tell him you don't want him to see his mother.


Maybe you and she and your husband could all sit down to dinner and try and sort through everything, and establish some boundaries and some ground rules in order to avoid the messiness of a custody battle.





Once the children are over 18 it will be their decision as to whether or not they want her in their life.





I wish you the best of luck


and blessingsFamily court lawyer out there? Need advice DESPERATELY!!?
I'm not a lawyer, but I work for 1 and have 1 in the family.





if you have a copy of the parenting plan showing you are the residential parent, get it certified by the court and take it with you to the hearing. if you don't have a copy, go to the courthouse and get a certified copy.





i don't know if withholding Wed. visitation would be considered kidnapping, but she could file a Motion For Contempt and you'll have to go to court and show good cause as to why you did this (in my opinion you have a great cause, but again, i'm not a lawyer).





my suggestion would be to get a lawyer, perhaps your husband's divorce lawyer?
It all really depends on what the custody orders look like. Is there even any custody orders?? Who has custody of the boy?? Is it equal custody or does one have more over the other??

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