Custody Problem

Updated on June 29, 2011
A.J. asks from Tacoma, WA
11 answers

Hi. I am a step mother to two wonderfully sweet four year old twin boys. The currently live in Florida with their mother and my Husband has an out of state visitation schedule and joint desicion making. The divorce finalized in December. It was a hard divorce on everyone involved, mainly because the mother was on a war path to keep the children from their father. He is a good father. He has never missed a child support payment, he pays for their medical insurance, and always makes sure his portion of daycare is paid on time. He calls them, writes them, sends them care packages with clothes, socks, underwear... The problem is that since the final order has been placed the mother is not complying. In April, the lawyers had to get involved to get her to let him have his spring visitation. He followed the notification process for his summer visitation and let her know about all cost associated with it, because they each pay a percentage. She just simply said no. She refuses to share information with my DH about their school and medical. When he asks she tells him that they are HER children and that since he isn't their he doesn't need to know. I know she is in contempt for not following the order, so we are going to have to go back to court. Our concern is that she is still on a war path to cut the parent child relationship between the boys and their dad. She cuses at DH on the phone with the kids are in the room and tells him that he is nothing to the children. Her rage is toxic...and my husband loves his children. Is there any way to fix this situation? This isn't good for the boys...its not good for my husband...and to be honest it can't be good for her. It's especially hard when a four year old asks daddy on the phone, "why haven't you come to pick me up? Are you mad?"...its heart shattering....

Any advice or insight into this matter would be a blessing....

EDIT: She left him in June of 2009, while he was still in the military and couldn't follow her. We are planning on moving to florida next year if we are able to do so with out putting the boys in danger money wise while we make the switch. If my husband lives in the same state as the boys he gets every other weekend, every other holiday, and summers. It would be great for the boys :)

She and I actually had a long talk over the phone in August of 2009, when she told me that she left my DH because she has never been able to love. My husband was her 3rd marriage. She wanted kids...she didn't really want a dad in the picture. She thought she'd get to be mom while dad was off playing soldier, but when my husband got injured in Iraq and began his med board to get out of the military...she decided that she wanted to go home to be close to her sister and high school friends. I can understand being home sick, but I have never heard such a selfish thing in my entire life. My DH bless his soul thought he had a wonderful family. He really loved her. She had saved up parts of his combat pay...and handed him the keys to their apartment the day he got off the plane. I am dumb founded....

My husband has faxed a copy of the decree to their preschool/daycare...they still say that unless she gives the word they won't do anything...

It is not my place to judge her actions, but I don't think that they are right. My husband and I always tell the boys that they are loved by both mom and dad.

Many people judge the fact that we got married after being together for a year and a half...but I have been with my husband for over two years now and we have a very happy life together. If his ex is angry about it...I am truly puzzled because she left him. I have often wondered if she has border line personality disorder.

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

Featured Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.P.

answers from New York on

Is there any possibility of you moving closer? Seriously. They need to see him regularly to have and maintain a relationship.

As for school and medical, he needs to send a written request to the principal and the pediatrician with a copy of the divorce decree AND custodial agreement stating that he is a custodial parent and that he would like copies of all report cards, documents, etc mailed to him. In addition, he would like to participate parent-teacher conferences via telephone on a quarterly basis.

When I was working in a public school, we did this frequently for parents. They are his kids and he has every right to be involved!

5 moms found this helpful

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

T.V.

answers from San Francisco on

First I would like to say that your post is the best one I have EVER seen coming from a step-mother and your husband is fortunate to have you as his wife and life partner!

The mother of his children is bitter and doesn't seem like she's moved on with her life. She may need some help, but she is also in "contempt of court" and could be jailed. If this happens the boy's father can file for custody. Given her mental state, that might be the best thing for the children. Your husband's lawyer might request an mental evaluation of the boys mother based on her behavior.

I wish you all the very best, this is a touchy situation.

Blessings....

2 moms found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.F.

answers from New York on

Tough situation. His boys are really young but this much I do know. Your husband should document everything. He should keep detailed information regarding how his ex-wife is behaving and influencing the children to their detriment. Email is his best friend. If she is crazy enough she will hang herself electronically. With enough ammunition against her she could loose custody and be forced into having supervised visitation.

In my husband's case, the ex-wife have telephonic visitation eventhough she lives in the state but the child is much older than 4.

He will need to go back to the courts. Courts aren't interested in he said she said, they are interested in facts. Keeping the facts straight via email would be very helpful in him keeping in touch with her for documentation purposes.

Also video and record phone conversations may also be helpful. Understand you do need to let her know that you are recording the phone conversation.

Keep all receipts and records of all monetary substance paid on behalf of the children. This will be important as well. You want to show you purchased clothes for them and sent them to her. Also with the medical anything you want to show evidence.

Their father must never give up on being a father to his boys no matter how hard and painful this process will be and can get. Eventually these boys will probably turn on their mother if her words prove to be lies in their eyes but they also will protect her because she is their mother.

You stay supportive and encouraging. My prayers are with you.

2 moms found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

M.A.

answers from Charleston on

What Theresa said, basically. There are two sides to every story. Support and care packages are nice but these kids are little...when's the last time he HUGGED them? Do you have kids of your own? If you do, you know the mommy lion gene well.

1 mom found this helpful

R.D.

answers from Richmond on

How sad. So many people want to give the absent dad the middle finger, when sometimes (in this instance), poor dad doesn't have a choice because the mom is too selfish to understand what she's doing to her children. I'm so sorry you guys are going through this.

I would have him continue being the bigger person, and both of you should never bad mouth psycho mom to the kids. This is one of those instances where the kids WILL realize what's up as they age, and they will have no one to blame but mom.

All that being said, there are always 2 sides to every story and there may be some very real reason she is so adamant about keeping the kids from your husband... it may not make sense to YOU, but she may have some personal reason (even if that reason is jealousy, resentment, or being just plain malicious). The 3 of you should really go see a counselor who specializes in blended and stepfamilies. If this goes to court (which it sounds like it probably will), have his attorney request it. Again, it makes dad look like the good guy he is (because he's not doing this for himself, he's doing it for the well being of his children), and chances are, he'll be rewarded with even more time with the kiddos.

Hope things get better :) Stay supportive!

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.B.

answers from Boston on

You're doing a great job taking the high road. It's so hard to remain calm while due process takes so darn long. Taking her back to court for contempt is absolutely the right thing to do.

Regarding the daycare/pre-school, a nicely-worded letter from your attorney is all you should need to get them to comply with the order. They DO NOT need her permission to release information to and communicate with them and they are in violation of HIS rights by continuing to do so. My husband has dealt with this kind of BS from his daugther's schools/doctors every now and again and he just keeps pressing. They all get with the program eventually.

All he can do right now is document, document, document and wait for his day in court. It's hard when the other parent is irrational but I have faith that the sane parents eventually "win" when the children get old enough to see that something's not quite right. We had to bite our tongues and play nice with my step-daugther's wacky mother for years and guess what? She lives with us now and without us saying anything negative about her mother, she's coming to her own conclusions about who was telling the truth and who was lying over the years, and who is actually equipped to be a parent right now and who isn't.

I think that planning to move to their state is a wonderful idea - just keep good records of everything and trust that the law will do its job. Sometimes the wheels of justice have been slow to turn for us but we've always gotten a fair shake in this and I hope you do too.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.G.

answers from Gainesville on

It looks like you have gotten some really good advice already. i would just have him document everytime the mom breaks the visitation agreement. and look into the court having her take parenting classes i live in florida and inorder to get a divorce you do have to take a class about how to get a long with the other parent. It looks like the kids an d mom live on the other side of the united states from you guys and i don't know the details of the divorce but since it was finalized in december and the boys are 4 their mom is probably just having a tough time still with the divorce and her ex's remarriage. If you and your husband can try to just tlak to the biys and tell them you love them ask about the things you send to them and make sure they know when you plan on seeing them again. And good luck !

S.T.

answers from Kansas City on

I agree with the other moms about going to court and for your husband to be consistent with telling them how much he loves and misses them. KUDO'S TO YOU FOR BEING SO MATURE ABOUT THIS SITUATION!!!! I am from a divorced family and grew up with a step-mom who always based my mother, so it is so nice that you are being the bigger person here. i dont really have any other advice you havent already read, but I will be praying for your family!!!

M.M.

answers from Tucson on

If she is not complying then i would think your husband can go back to court and request that he have full custody and she have visitation. The courts will give the kids to the parent who is most likely to let the other one see them.
Good luck... Divorce is very painful for children.
Your husband sure moved on fast if the divorce was just final in December. Makes me wonder why the boys mother is really so mad!

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.C.

answers from Dallas on

Go post your story on www.freeadvice.com - they have a section for custody issues and there are many court clerks, lawyers, and child advocates who frequent the forum (you have to click on the community tab to find the forum) who will be able to give you advice on how to proceed legally.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.E.

answers from Buffalo on

I know that no one wants to go to court but that is the only way to handle these things, and she will learn that the only ones she is hurting is the kids. I would tell him to tell the kids everytime he talks to say how much he loves them and how much he wishes him and the kids were together right now so he could hug them. This will tell the kids he WANTS them.

Good luck and keep up the GREAT work!!

For Updates and Special Promotions
Follow Us

Related Questions