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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35350
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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what are my rights as a mother who is not yet divorce , just

Resolved Question:

what are my rights as a mother who is not yet divorce , just living somewhere else for a short time . Do I legal rights to see my child /
Submitted: 4 years ago.
Category: Family Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of the situation.

While you certainly have rights as a parent, it is the enforcement of those rights that is not automatic. I need some additional information, please.

Have you filed for divorce yet?
Who is the "they" who are limiting your visitation?

Doug
Customer: replied 4 years ago.

Hello ,

 

No we have not file for divorce yet, we are in the process of seeing a marriage counselor and I've removed myself and my older son from a previous relatetionship away from the house because things became physcial and I verbally attacked .

My step motherinlaw is limiting my time with my young son who is 3 yrs old and my husband is currently living with her at this time .

Expert:  LawTalk replied 4 years ago.
Good morning,

Thank you for the additional information.

Your mother in law does not have the legal right to limit anything. She does not have the right of a parent---despite the fact that your husband and child are living in her home. if she insists on trying to be controlling, then you simply demand that your visitation time with your 3 year old occur outside her home.

The real problem is that while you do have parental rights---you have to have the court enforce those rights for you. While you may want to work at marriage counseling---that does NOT mean that in the meantime you should not apply to the court for both a custody/visitation order and a child support order.

That is the only way that you will be able to enforce your rights to see your 3 year old. As it stands now, at any time, your husband and his mother could simply not open the door to you, and you would be completely unable to see your child until you were able to get to court and get a court order---and that could take some time. As you are already beginning to have trouble now---and because the monster-in-law clearly is playing games, your only save avenue of approach is to have the court dictate the ruled of custody and visitation.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

Doug
Customer: replied 4 years ago.

Hello doug,

Can I just removed my son from the mother in law at any time ? even when my husband is not at home ? and can they go behind my back to file for custody ?

Expert:  LawTalk replied 4 years ago.
Good morning,

Filing for custody is not going behind anyone's back. It must be done by filing and serving a lawsuit for custody on the other parent---so it won't happen behind your back.

Technically, you as the parent may take your child from the mother in law if you want. Do realize that it will start a war---which is why I suggested that you go through he legal system.

The reality of child custody when parents don't yet have a custody order is that for the most part, possession is 9/10ths of the law. In other words, you have your older son and you can deny your husband visitation any time you want. His sole remedy is to go to court. The monster-in-law and your husband could do the same thing to you as regards XXXXX XXXXX son, and leave you with nothing until you then went to court for relief. The police will NOT involve themselves with this civil dispute.

So, be sure that you focus on getting the court to set out your rights---then if something goes bad---you merely would file a Motion for Contempt with the court and the court would enforce your rights for you---tossing the other party in jail if necessary.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

Doug
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