You are here

Is there anything I can do legally?

West.s's picture

So my husband is in a custody battle right now, however his sons mom got it to where there was a court order filed against me to where I can't see my stepson. It was an offense towards her that had nothing to do with my step son.  I had been raising him for the previouse year and a half, love him to death. Even after the whole incident she would still drop him off after her visit with him to me. She later used the incident against us and was then able to keep him, got the courts to order a no contact between me and my stepson. I am now being excluded from anything and everything that has to do with the case. I understand that I am not his biological parent but as my husbands wife I feel that I have all the right to be involved. I don't believe anyone should have the right to separate me in anything that has to do with my husband. This has been causing problems in my marraige both emotionally and mentally. Is there anything I can do legally?

herewegoagain's picture

Ah, the courts always give in to the idiot BMs...It's amazing how these women can be so evil. Geez, I would have LOVED for idiot to do that...it would have meant that every other weekend I could take off and not have to put up with her loser kid...hmmm...

Sorry you are going through this, but I doubt that the courts will even care...they just care about her. Now, I do wonder why YOUR DH hasn't brought up the fact that after the "incident" she continued to drop of the kid to stay with YOU alone...I'd be all over that one. Unless of course, your DH just goes along with what his ex wants and says. I know mine can't think of anything without me telling him.

West.s's picture

I suggested we get a lawyer but she caught us when we were down and out, unable to afford one. But yea I wonder if I can still do something about it....I was thinking maybe having him appeal the court order or something...man what sucks is that I freaking look like the bad person.
I was thinking about seeing the courts lol, but seeing as to how others have responded they would deff take her side

West.s's picture

Just for the record. I been married to him for 3 years now, I have been in my "step" sons life since he was 9 months. He is now 4, at the time that bm took him, he had been living with us since he was two. I've been the stay at home mom since then raising him up as my own along with my little girl. So please don't leave any comments as if I am a rookie not knowing what I'm talking about. A word of encouragement, any helpfu advice would be greatly appreciated. I really am going through a rough time, so honesty don't need any negative feedback....thank you

West.s's picture

That last post wasn't for u it was just a ftr thing....just tired of hearing people go in about how my ss isn't anything to me or that I have no rights to anything that has to do wit it or all that other bs

AndSoItIs's picture

Honey, first off I am so sorry to hear that you're going through this. My skids BM is trying in our current custody battle to have it so that I have no contact with my skids. She's called bogus DCS claims on me, and even told the kids to lie (and they did) to DCS about things id supposedly done to them. We have an incredible attorney, coupled with a great guardian ad litem (which from reading on here I guess I'm lucky) but mostly an idiot for a BM. Our lawyer is actually using the fact that I'm home to take care of the kids (I specifically work nights so that there's always someone home with them) against BM bc (we live in the south) that coupled with the fact that BM is bat shit crazy, gives the judge a good counter point to see that the children will have a more stable home life at our house BC of me and my husbands arrangement for our working schedule. My advice to you would be to get an attorney and file either an amendment to your current motion to modify custody or an initial one. If you can prove that she had no grounds to get the no contact order against you in the first place that's all you'd need. Of course this all depends on your judges mood and if he's gotten laid lately, and yes lawyers are quite costly especially a good one but if you explain to the lawyer up front your monetary situation you might get lucky and they will set you up on a payment plan. Our lawyers retainers even are ridiculous and we were very fortunate enough for him to let us put even those on a payment plan...which took us nearly 4 years to pay bc for each appearance it's another fee. But knowing we have an incredible lawyer made it worth it.