Legal Question in Family Law in New Mexico
my wife's ex husband doesn't want me to be around his son, she's got full custody of him, but her ex throws a fit sometimes and now he don't want me around his son, he keeps threating her he's going to get custody of his son, can he do this
1 Answer from Attorneys
He would have to petition the court for a change in custody and show the court that there are changed circumstances to justify a change. If you are the reason then he would have to show the court that you were doing something bad for the kid. Most of the time these guys are just blowhards trying to control their ex wives. She should ignore it and probably he'll eventually drop it. Nothing happens until he actually files something in court, idle threats mean nothing. If he is too obnoxious, to the point of harassing her, she can petition the court to order either supervised visitation or supervised transfers of the child so she does not have to be in contact with him. As long as your behavior toward the child is ordinary, so that there is nothing in your behavior toward the child that would cause a judge to be concerned for the welfare of the child , there is nothing to worry about.
A good suggestion for you is to recognize that this is very stressful for your wife, so avoid giving her advice or criticising her for not dealing with the jerk the way you think she should. Part of his tactic for controlling her is to create something for you to argue about. Women deal with these things very differently from men, in any event he is her problem not yours, so your best approach is to support her whatever she decides to do about it, even if it's nothing.