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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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my ex husband has threatend to take me to court again over ...

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my ex husband has threatend to take me to court again over the kids, how can i top his threats??? also he is not the biological father of my eldest but i had his name added (under presure from him) in the first year of marriage. he says he has parental responsiblity because he''sbeen in my son''s life 4 over 6 years, is thi true. also how can i make sure that if i die whilst all my children are minors how can i keep them together with my husband as my ex has said he will take them. thanks zoe
Submitted: 6 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 6 years ago.

Dear Zoe,

I'm so sorry for your troubles regarding these domestic issues with the kids' father. Custody/visitation and all of that can cause so many disruptions, and stress. Try to hang in there!

Unfortunately, you likely can not prevent him from venting that he will take an issue back to court, if he feels that things are not going properly, or if he feels that you are not abiding by Divorce/Settlement agreement (even if you are, if he does not perceive it that way). If you know you are abiding by your obligations, I recommend just ignoring his comments, and they may just stop. Going to court is a bit of a hastle and he probably would prefer not to. If you are not abiding by your court ordered obligations (perhaps, you feel, justifiable not, or you are actually unable to do so), you may want to consider going back to court to get try to get those obligations reducesd or changed to be more workable - this would prevent you from being in contempt of the existing court order.

From your statement, it appears that you had his name put on your eldest child's birth certificate, is that correct? If this involved an under oath statement that you knew to be false, please be careful with regard to this issue, so as not to cause more trouble for yourself.

If you were to pass away (gosh forbid!), their father, being their only parent, would likely succeed in getting full custody. He is the father and short of him being deemed an unfit father, the step-father would take a second seat.

Hang in there! I know your children may be young and so it seems this ongoing unpleasant interaction with the father may go on and on and on, there is a light to the end of the tunnel when they become of age. If you can be as amicable as possible and let the insignificant (even if unfair) things roll off your shoulders, it may be easier to deal with until you legally don't have to anymore. Here is to that day!

I hope this has been helpful. If informative and/or helpful, please click the GREEN "ACCEPT" button in order that it is recognized as such and I receive the appropriate credit. It is greatly appreciated, as is positive "FEEDBACK" and BONUSES.

Sincerely,

Stephanie Joy, Esq.

Customer: replied 6 years ago.
Reply to Stephanie O. Joy, Esq.'s Post: can i take it to court as when we divorced there was no orders made? is he right in saying that he has pr to my eldest coz he has been round for more than 6 years. what would be the reprocusions for the birth certificate issue. it waas him who wanted to get it done and piled the presure on til i cracked as i was in a very violent previous relationhip which resulted in my eldest son being born.
Expert:  AlexiaEsq. replied 6 years ago.

DearCustomer

You indicate that there were no Orders made at the time of the Divorce. This would be very unusual, if no Orders of any kind regarding the children were made. Who has legal/physical custoday - does it say in the Divorce degree/judgement? Do you mean that visitation was simply described as "to be decided between the parties in a reasonable fashion" or something to that effect? In any event, if you want to get the visitation more set in stone, yes, you can certainly make an application to the Court for that. Once it is so ordered, be sure to stick to it, so you won't have to be in court again on that. By 'parental responsibility' he may referring to a moral obligation he feels. In addition, you may be interested to know that at times, step-parents or other individuals who have put themselve in a parent-type relation with the child to such an extent and for such a time that they are just like the parent, can be held to be responsible for such obligations as child support (if they are now the non-custodial parent).

As for the birth certificate issue, the answer is more of a potential criminal nature.

I hope you have found this information informative. If so, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for same from the company. Your promptness is greatly appreciates. Positive "FEEDBACK" and bonuses are also appreciated.

Sincerely,

Stephanie Joy

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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11844
Experience: 19+ Years of Legal Practice in Family law matters.
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