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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27651
Experience:  Attorney with experience in family law.
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I am a Stepmom to my 5 year old son. s father travels

Customer Question

I am a Stepmom to my 5 year old son. His father travels frequently for work. We have 4 kids together. I have been in my step sons life since he was 3. Just legally became his step mother in the past 30 days. My Husband is leaving for work and will be gone for 2 weeks. His ex wife is telling him our son is not going to come to our house while he is away. That this is against the law. What law is this she is speaking off? We live in Ohio. The court documents do not state he has to be there. He has shared parenting 50/50. He also pays child suport. Is she really allowed to keep him from us whenever his father is away? Would this be considered contempt of court? We have contacted a lawyer to go back to court. We just curious as these things take time. My girls and I love him and do not like being apart from him that long.
Submitted: 4 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that the mother is doing this.

It's not against the law for the children to spend time with you when their father is away. If the court order gave the mother a right of first refusal over babysitters, that arguably would mean that the father would have to get her permission before leaving the child with you. However, for one thing, that sometimes only gives first refusal for NON-family members, and your now a family member. But also, if that's there, your husband can file a Motion to Modify Custody, asking the judge to make it explicit that he can leave the children with you before getting consent from the mother.

The father has a right to allow the children to stay with you or other relatives during his regular parenting time unless the court order says otherwise, and it's not for the mother to decide. It's the father's choice. He has the ability to file for contempt as soon as she doesn't deliver the child, but it may help to file the request for modification at the same time (or first), so your husband can get a clear ruling at the same time he files for contempt. The benefit of doing it that way is, then you have a very clear court order where she's obviously in contempt if she doesn't bring the child over. Now, where the order doesn't explicitly require the mother to give the son to you, it's possible a judge would say she's not in contempt (although I still think she is).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 4 months ago.
Sorry lucy, I want to thank you for your response but it doesn't clarify anything in black or white that will help me out.