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View Full Version : My husbands rights to his son.


nat1203
Sep 24, 2010, 04:19 AM
My husband has a son from a previous relationship(never married) his name is on the birth certificate and has always had acsess and paid maintanance. We have always had problems with his mother stopping him coming because he is ill or doesn't want to come the child is now 5. We have recently received phone calls to say she is reducing our overnight acsess to one night a week instead of two, which of course we now have to pay more maintanance for, we have since found out she is applying for a mortgage and needs more money. Her reasons for stopping the acsess were he started school and fet it would be too much of a rush for her and he would be tired, we tried to compromise working different hours so we could collect and drop off to scholl the days we had him. Just said no offered to have him all weekend lots of others but did not get anywhere, can she do this if there is no valid reason to stop the acsess, we feel competley powerles and it does appearthan unless we pay thousands out to go o court that we have no rights at all. We have been in a stable relationship for 4 yrs she has has many relationships and moves around a lot. Where do we stand Please help.

AK lawyer
Sep 24, 2010, 05:23 AM
... can she do this ... unless we pay thousands out to go o court ...

She can do anything she wants; so can your husband; unless one of them goes to court.

Fr_Chuck
Sep 24, 2010, 06:23 AM
The amount of child support and the days of visits should be court ordered.

She can do anything she wants if you don't go to court, stop all visists, make you wear a chicken suit to visit, just anything.

This should have been done the week they split up, go to court, get the court to set the support, that she can't merely change when she wants, and dates to visit

this8384
Sep 24, 2010, 09:37 AM
My husband has a son from a previous relationship(never married) his name is on the birth certificate and has always had acsess and paid maintanance. We have always had problems with his mother stopping him coming because he is ill or doesn't want to come the child is now 5. We have recently recieved phone calls to say she is reducing our overnight acsess to one night a week instead of two, which of course we now have to pay more maintanance for, we have since found out she is applying for a mortage and needs more money. Her reasons for stopping the acsess were he started school and fet it would be to much of a rush for her and he would be tired, we tried to compromise working different hours so we could collect and drop off to scholl the days we had him. Just said no offered to have him all weekend lots of others but did not get anywhere, can she do this if there is no valid reason to stop the acsess, we feel competley powerles and it does appearthan unless we pay thousands out to go o court that we have no rights at all. we have been in a stable relationship for 4 yrs she has has many relationships and moves around alot. Where do we stand Please help.

Here's the problem: if there is a court order, then there is a set amount of child support that he is supposed to pay and set number of days he is allowed to see his son - she can't withhold the child and can't adjust the amount of child support at her leisure. But if there is NO court order, she doesn't have to let him see the child at all and he doesn't have to pay her a dime.

There is no need to spend "thousands of dollars" to go to court. What are you trying to accomplish? Are you trying to receive primary physical placement of the child, or are you merely trying to enforce your husband's visitation rights?