Family Law Questions? Ask a Family Lawyer Online.
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.
Stephanie Joy, Esq.
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.
Legal Disclaimer. The information given by here is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship with you. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).