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Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have sole custody of my two lil girls ages 5 and 3. My Xwife

Customer Question

I have sole custody of my two lil girls ages 5 and 3. My Xwife has them for visitation rights only and is now telling them tht the things that they talk about with her and her new husband the girls are not allowed to tell us including where they are going tommorrow during her visitation is that legal ?
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.

As the custodial parent, you have the right to know where your children will be when they are with the other parent. She can ask the children not to repeat her conversations. However, my experience with children is that if you tell them not to say something, they say it faster.
Customer: replied 8 years ago.
so we should just let it go ? It seems so hard cause she tells them so many damaging things my 5 year old came home crying yesterday because The Xwife told her that her new hair cut looked horrible , which its not its beautiful but it looks like my new wife's hair cut so the x hates it. I just am so worried bout my lil ones mental well being cause she also tells them that my new wife which is with my children 24/7 is not their mom and that they need to quit calling her that which upset my babies so much cause she's their steady mom and they love her. I am just concerned why she wont let them talk to us bout whats going on.
Expert:  Ellen replied 8 years ago.

Your remedy is to file for modification to the parenting plan to allow the mother only supervised visitation.

Generally speaking child custody/parenting plans can always be modified by the Court based on the best interests of the child. However, grounds for modification must include a change in circumstances that significantly impacts the best interests of the child.

Based only on the information contained in your post, you can and should petition the Court for modification based on the best interests of the children. Be prepared to tell the Court of the mother's verbal abuse. You can ask for full custody with only supervised visitation.

Ellen and 5 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Thank you very much .
Expert:  Ellen replied 8 years ago.
You are welcome. If I can assist you further, please let me know. Thank you.