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My ex and I have been divorced going on 4 years. We have two

sons ages 9 and 5...
My ex and I have been divorced going on 4 years. We have two sons ages 9 and 5. Things are still very ugly. There is a new step mom in my sons lives. Not a problem except she is toxic. She has been telling the boys that when they get 12 they can sign a form and come life with them and go to school with her son. They return from their visits with their dad saying things to me like I hate you and you are stupid. They have outbursts of anger and very disrepectful. This has been going on for a few years. I have asked by ex to consult face to face about co parenting and the well being of our sons. He has refused me everytime. Telling to text or email what I want to talk about. Now something has come up. I had a conference with my youngest sons preschool teacher yesterday. She told me that he will not do well in kindergarten. She told me that he need to be evaluated for ADD and also recomended seeing a child therapists due to her observing him talk about he would be going to live with his dad when he is 12. She said that a 5 year old should not be worried about where he is going to be living when he is 12. She has observed signs of stress in my young son. After this meeting I went straight to a child therapist and made an appointment for both of my sons. What I would like to know if there is anything legal that can be done to stop this women from messing with my sons minds. She spends alot of time with my sons because she babysits them. My oldest son says she has law books all over. Now that this problem has become known by someone other the me can anything be done.
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Answered in 15 minutes by:
2/1/2013
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,473
Experience: JD, MBA
Verified
Hello and thank you for allowing me the opportunity to assist you.

It's possible that you can do something about this issue if a therapist is willing to testify that the kids are being subjected to parental alienation. In other words, if your ex and his wife are doing things or saying things to drive a wedge between you and the kids, then a judge may order them to stop, and he may reduce or even eliminate their visitation if the parental alienation does not stop. As mentioned, you'd likely need the testimony of an expert, such as the child therapist. Although the teacher has mentioned an issue, she is not likely an expert in this area and would not qualify as an expert witness in court. If the therapist agrees that there is a problem because of your ex and his wife, then you should retain an attorney to take legal action.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
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Customer reply replied 4 years ago

I have an email that he just sent today that he stated that he will not bring our son to any of his baseball games or practices if I attend those games or practices when he has visitation with him. He has demanded that I not come out of my house to see the boys off when he picks them up. They refuse to show any unity where the boys are concern.

Hi again.

While that sounds immature on your ex's part, that would not likely rise to the level of parental alienation. Parental alienation occurs when one parent drives a wedge between the other parent and the kids. Refusing to attend baseball games if you're there, or requesting that you stay in the house when he picks up your kids would not likely drive a wedge between you and the kids. But if the kids are saying things like "I hate you," or "you're stupid," then that could be parental alienation because it's possible that your ex and his wife are training them to say that to you. To a lesser extent, telling the kids that they can move out of your house when they're 12 may also be an issue.
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Customer reply replied 4 years ago

I think by telling my son he cant go to his baseball game because I wont stay home will give my son ideas that because of me he cant play baseball. That could be a wedge between us. I know that this sort of thing happens alot in ugly divorces but I will do all I can to help my sons . I have made the appointments for the therapists and hope that she can get my sons in a comfortable place to talk to her. My oldest may be harder to reach. He has some fear of his dad. I will start looking for a good child custody attorney. You know anyone in the Houston area? :) Thanks for the information. It gives me strength that with the right expert testimony I could get help for my sons.

Hi again.

You wrote: "I think by telling my son he cant go to his baseball game because I wont stay home will give my son ideas that because of me he cant play baseball."

I agree with that. In your other post you didn't mention that he was telling your son that. I thought he had only emailed that to you. But if he is telling your son that it's your fault that he can't go to baseball, then that is clearly an issue.

With regard to getting a good lawyer, I would use the Houston Attorney Referral Service, which you can access online here: CLICK HERE. Unfortunately, the terms of service of this website precludes us from referring customers to specific attorneys.

I truly wish you luck in dealing with this stressful situation.
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,473
Experience: JD, MBA
Verified
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