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Anonymous
Anonymous asked in Family & RelationshipsMarriage & Divorce · 1 decade ago

can me as the dad or can my 17 year old daughter file a lawsuit against a stepmom--- my ex?

Hello this question is from a very dedicated dad who has custody of my 15 year old son and 17 year old daughter. We live in Iowa and I've had custody of them the last 6 years.

The problem,

My ex who I have another daughter with who is almost two picked up moved into another mans house about 10 miles away. I have joint custody ,she has primary, I pay my childsupport,I was getting my daughter 2 days one week 3 the next.This has went on for 2 months now. My ex has been away from me for about 4 months. For some reason she won't answer her phone now or let me see my daughter on my days.

Yes I have a lawyer, but he doesn't seem to be as helpful as he should be.

Can I file a lawsuit on behalf of my other two kids for the emotional abuse my ex is putting them through by not letting us see my daughter,,thier sister?

Does a brother and sister have any rights?

any help on this would be greatly appreciated.

A dedicated DAD

12 Answers

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  • 1 decade ago
    Favorite Answer

    I'm sorry your lawyer isn't helpful. You need to get another lawyer.

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  • 1 decade ago

    The only thing to do is to go to ask (demand) that your lawyer get a temporary visitation arrangement made. This can be done before the divorce is final. Then it is outlined and a matter of her defying the court if she doesn't allow you to see her.

    You can file a civil suit against her for emotional damages to you and your children, but really I don't think you would win.

    I would focus on going through the courts and getting things done the legal and appropriate way.

    I can tell you from experience that even with legal scheduled visits, police and no one else will really enforce it. They don't want to get involved in custodial issues.

    If you get to see her again, you have as much right as her mother to keep the child and not allow her visitation until the court makes a decision.

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  • 1 decade ago

    instead of getting a lawyer do you have a copy of your divorce which spells out when you should get your child? If you do then all you have to do is go to the police station and let them know that you have an order to see your daughter and your ex won't. By your ex not going along with the court order she can go to jail. This is what my lawyer told me because my ex was always late on his child support payments.

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  • 1 decade ago

    wow. this is a heavy topic that you're talking about. what i request you do is get the documents that state that the days when you can see your child and document the days that you didn't see her for how long you haven't seen her. take as much legal action as possible. go down to the social security office or where ever you handle custody cases and tell them. they should know what to do. just don't let your kids get into this. you as an adult should take action. if it goes to the extend you 17 yr old has to take action, do something about it. also, get a new lawyer.

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  • 1 decade ago

    I think you need a new lawyer if you have joint custody you are legally in titled to your time with your child and it is very selfish of the mom to keep you from your child the child deserves better.

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  • 1 decade ago

    Judges will laugh this right out of court and about it all through lunch, on the way home and on the way to work, the next day. You need to seem sane and grounded in when dealing with the courts. You need to file a motion for her to comply with the visitation schedule.

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  • Anonymous
    1 decade ago

    yes actually they do because if anythng happened to you they would have rights to keep biological and half children together. So yes I would say it is putting great strain on your children but why has not friend of the court stepped in at all it seems they always do if youre parenting time is messed up or she will not allow the visitation to occur once it has been approved by a judge?

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  • 1 decade ago

    I don't know.. but, if your lawyer isn't working to fix this problem in a timely manner, get a new lawyer and fight her in court... you have every right to see your child.

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  • 1 decade ago

    1ST... FORGET PAYING A LAWYER YOU CAN HANDLE THIS ONE ON YOUR OWN :) LAWSUIT ??? FORGET IT!

    YOUR 15 AND 17 YEAR OLDS SHOULD BE ABLE TO HAVE THE EMOTIONAL MATURITY TO COPE...AS LONG AS YOU'RE NOT TRASH TALKING THEIR MOTHER TO THEM OR USING THEM FOR YOUR EMOTIONAL SUPPORT !!!

    2ND... IF IT STATES IN YOUR DIVORCE THAT YOU HAVE THIS VISITATION ORDER, SHE IS IN CONTEMPT !!!

    3RD...ALL YOU NEED TO DO IS GO TO YOUR COURTHOUSE, GET THE FORMS,FILE WITH CLERK OF COURTS(MAKE SURE YOU REQUEST THAT SHE RE-IMBURSE YOU THE $50 FILING FEE),THEN YOU GET A HEARING IN JUDGE'S CHAMBERS ON A SPECIFIC DATE AND TIME. HE WILL HEAR YOU FIRST, THEN HER.

    MOST LIKELY HE WILL FIND HER IN CONTEMPT,ORDER HER TO FOLLOW THE FINAL JUDGEMENT, AND PROBABLY GIVE YOU MAKE-UP TIME FOR MISSED VISITATION.

    4TH...MY ADVICE IS TO BE VERY ADULT IN FRONT OF THE JUDGE,SAYING ONLY THAT YOU WANT YOUR ENTITLED VISITATION ENFORCED.......ABSOLUTELY

    DO NOT BAD MOUTH YOUR EX, COMPLAIN ABOUT HER NEW BOYFRIEND,ETC. THEY DON'T LIKE THAT.

    HER LIFE IS NONE OF YOUR BEESWAX. PERIOD.

    JUST STAY FOCUSED ON WHAT IS IN THE BEST INTEREST OF YOUR CHILDREN !!!

    Source(s): PERSONAL EXPERIENCE !!!
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  • 1 decade ago

    Absolutely. You dont need your children to file a suit. She cant be making you miss out with your time.

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