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What are my rights
My ex husband and I have 2 kids(13,10). We are both remarried with kids from new spouses. My 13 yr old is a TROUBLED/DANGEROUS child who likes to tell lies and cause a lot of problems for everyone. I had enough and told his dad he can not come back to my house until he gets help. I just found out he has ADHD/BIPOLAR/TERETS. My husband says he is not allowed back for the safety of our 2yr old and newborn. What are my options of not letting him come back?
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Who has physical custody? If you do, then you will have to go back to court and have it given to your ex and most likely you will be ordered to pay support. If your ex has physical custody and you have visitation at times, you simply stop the visitation, its your right to see or not see your child. If physical custody is split 50/50 you have to go to court and give physical custody to your ex and pay support, you might be given visitation but like I said its up to you if you want to take it or not.
That being said... If your son on meds? Have you talked to his doctor? It might be something that can be corrected with time and he would be "safe" to be around small children. Then you than can take visitation again. |
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The custodial parent, has the obligation to provide any required medical care, unless there is a court order in place. You may be asked to supplement this according to your decree, but a doctor is the one to guide any treatment, or recommendations. It also depends on the health care provider, and that's where to start to get this lad some help. I'm not sure if stopping visitation is the best answer, as supervision is required, but that is up to a court to decide. I really don't think your new husband can arbitrarily supersede a court order,
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Just an fyi: It's Tourette's syndrome. This is a FAQ sheet from a Tourette's Syndrome association. http://www.tsa-usa.org/People/Living...Fact_Sheet.pdf Maybe it can provide some guidance on what to expect with your son. One thing I found interesting is that many people get better (although not 100% better) as they get older.
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 Originally Posted by jkingmd6
Your husband cannot make this decision - he has no legal standing. You would have to go back to Court and address the subject of custody. And if you don't have custody you don't have to see him. No one can force visitation on you. If you do have custody you should move fast... or he's coming back! |
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