Legal Question in Family Law in California

third party divorce & visitation interference by ex's fiance

i am the custodial parent of two boys 6 and 4 years old.i now have 91 %. her fiance is trouble and has proven it. he's been married twice, is a dead beat dad from both marriages, is allowed only supervised visitation from his first son, and his 2nd ex is going to ask for the same in a couple of weeks. our current court order states that he is not allowed contact of our sons when the mom has them,married or not, and she may ask for more involvement when he has completed his class. she is allowed now every other week on sat. and sun. only days,no overnights year round.he has to attend a 52 week domestic violence class.since the recent change of visitation, the mom is ticked off, and he is as well, cause now his two ex's and myself share data from all of our files, which is legal.she had tried to file false charges against me and failed, today i learned he has requested a restraining order on me in my area, downtown. i reviewed the false charges and its basically everything that had already been denied in the past. hes trying to find a judge to grant a real order so he can try to undermine my honesty.she has vowed to stick by him thick and thin.regardless of the lack of visitation this interference had caused her. any input?


Asked on 5/02/01, 12:32 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: third party divorce & visitation interference by ex's fiance

It looks like you are a mere spectator to your ex-wife's troubles. There is little that you can do to prevent her or her significant other from dragging you in to court until it gets oppressive in the eyes of the court. I am sure that you feel that it is oppressive already, but may not yet be in the eyes of the law. It is good that you share information concerning this boyfriend, you will need that type of cooperation to protect the children. It sounds as if the court has already limited mother's contact because of the danger poised by the boyfreind and it also appears that she has chosen him over her children. Don't pump the kids for information, but be a good listener to them. Don't put them in the middle, I am sure that they still love their mother and want a relationship with her. Love, support and protect your kids and make sure that you have a relationship with a good family law attorney. Good Luck, Pat McCrary

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Answered on 6/19/01, 10:53 am


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