Legal Question in Family Law in Missouri

In my divorce papers, it states that during our time with the children, should me or my-ex need to be gone (work, etc.) for a period of more than 3 hours, the other parent has first rights or an "immediate family member" can keep the children during that time. I am remarried and anytime that my wife or 19 yr old step-daughter is with the kids for even an hour, my ex throws a fit. However, she has had her "live-in boyfriend" keep the kids for 8-16 hours at a time and says I cannot do anything about it. Part of those hours were overnight on both occasions. What can I do here? Advice I have gotten says I can call the police, however, that could come back on me if they decide it is ok. We are already getting ready for court in a couple of months and going to mediation. Can I do anything here? It seems like whatever she wants to do, she gets to do.


Asked on 7/31/11, 5:00 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Under the facts you described, it appears that you are okay in allowing your wife or step daughter to be alone with the chidlren. There may be facts you did not mention that change that analysis. Your ex seems to be unreasonable and possibly jealous. You did not mention what "throws a fit" entails, so it is impossible to see if she is interfering with your childrens' time with you and your new family. If it is, your attorney should know about it, as it may be valuable at the upcoming hearing and mediation. There appears to be no down side to telling your attorney anyway. If you do not have legal counsel,. you should get some, as "throwing a fit" may have significance in the upcoming decisions to be made by the Court.

Good luck

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Answered on 8/19/11, 1:38 pm


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