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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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What are a fathers rights in the following situation Two

Resolved Question:

What are a father's rights in the following situation? Two sons(3 yo and 15 yo) with two different mothers. The mother of the younger son has accused the 15 yo of sexually abusing the 3 yo. No evidence to prove this has been provided. Now neither mother will allow the father to have the boys together. Can he have his boys together or do the mothers have the right to dictate this?
Submitted: 3 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 3 years ago.
I wish to help but I need to know in what state the children live to answer the question.
Customer: replied 3 years ago.
Missouri
Customer: replied 3 years ago.

The father has joint legal custody of both boys

 

Expert:  Daniel Solutions replied 3 years ago.

Thank you for the additional information.

 

Legally the mothers can not prevent the father from seeing the children. Allegations alone are not sufficient. If the mothers wanted to stop the visitation then they would need to go back to court and file a modification petition seeking a limitation in the access the father has with the children. The mother's are actually in contempt/violation of a court order at this point and the father can force visitation until the mothers formally seek a change in court.

If the mothers do seek the change they would have to convince the judge that such sexual abuse did happen.

Customer: replied 3 years ago.

They are not limiting his access, but not allowing him to have the boys at the same time. Can they dictate whether or not he has them at the same time?

 

Expert:  Daniel Solutions replied 3 years ago.
Refusing to allow him to have the two boys at the same time is limiting his access because it controlls how he gets to see the boys. No they can not make such a dictation without a court order. Either the father or the mothers can go to court. The father can file to force the mothers to comply or the mothers can file to seek a change.
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
Daniel Solutions and 6 other Family Law Specialists are ready to help you

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