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my wife and i are going through a seperation and divorce right now. she resides with the kids in a house that i am signing over to the children. i have been having constant battles with my soon to be ex about getting to see the children and having a part in their lives still, one of these issues is that she is consenting my just turned 13 year old daughter dating an 18 year old boy. i strongly disagree with this and want it to end. what are my rights and how do i go about ending this relationship with my child and an adult before it goes too far? also, if you have any recommendations on how i can legally regain my share of custody over my 3 children i would appreciate any and all advise you can give me. this woman is playing as dirty as she can because she keeps saying she wants me to come back and i'm wanting to live my life differently, but still include my kids. i don't want to be with her but she's using them against me because she doesn't want to let me go.
State/Country relating to Question: Alabama Already Tried: i've tried to talk to the mother, she doesn't see anything wrong with it. i've plainly expressed my opinions of this with no results. i fear going to far with my thoughts, and such, because then she refuses me the right to visit or be involved in any way with all 3 of my children.
Hello, and thank you for contacting the just answer team. What were the terms of the divorce decree? Were you given visitation etc?Thanks
there is no official divorce yet, she keeps saying that i'm supposed to be served papers but have never recieved any. she also keeps arranging meetings that are supposed to be to go over what's going to be in them as far as property and custody but whenever we get together she never brings up the issues we met up originally for. she sidetracks on different things about the kids and such. i have not lived in the home with her for about 8 months, any time i try to be nice she assumes that i'm coming back to her even though i've explained to her that's not my intentions. then when she realizes that i'm not coming back she gets violent and irrational and threatens me to never be able to see my kids again. she also says she'll move away and i'll never see them again. my main question, though, is how to go about dissolving the relationship between my 13 year old daughter and this grown 18 year old man?
If there isn't a divorce, then you retain full custody of your children until a court says otherwise. The problem is, and parents who aren't going through a separation or divorce deal with this as well, is there isn't really any legal way of keeping your daughter away from this guy without calling the police and having him charged with statutory rape, which in Alabama requires intercourse. If you do not suspect sexual contact, you can also file for a protective order against this person, as he is an adult in a relationship with a minor, and as the parent you can request such an order from the court without the child's permission. The huge problem here, however, is that your wife is not going to cooperate, and this may make a judge hesitant to act. In the end, your best bet is to explain to your wife that you are going to call the police if they do not split up, and may also file for a protective order. You should also hire a divorce attorney and file for divorce yourself (no reason to wait for her). This will give you the opportunity to argue for sole custody of your 13 year old, and telling the judge that your wife allows her daughter to date an adult will certainly help your cause. If you need assistance finding an attorney, contact the Alabama State Bar Association for assistance HERE. I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work. Take care
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