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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I over heard a conversation that my ex-husbands new wife was

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I over heard a conversation that my ex-husband's new wife was having with another parent at my daughters softball practice. The other parent introduced her to someone esle as my daughter's mother. The ex-husbands new wife didn't dispute it or any way deny that she was not in fact her mother. According to our custody agreement I have custody and he has visitation. Do I have any legal recourse against the ex-husbands new wife in this situation for falsley claiming to be my daughter's mother?
Thank you for contacting our JA team for guidance.

 

There is no legal recourse if it was a casual situation and she was not holding herself out as your child's legal guardian or something similar to that.

 

However, you could insist with your ex that the children call her by her first name and not call her mom, and that in the future she inform others that she is not the biological mother of the children should it come up again.

 

You and your husband have a legal obligation to work together in the best interests of the children and having to call a second woman mommy would likely not be in their best interests. In addition, if she every attempts to sign documents holding herself out as the children's mother, you could file suit for misrepresenting her identity.


Please let me know if you need additional information.

Best regards,

 

TG

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