Legal Question in Family Law in Texas
My son is married but not to the custodial parent. His wife feels that if they don't see that the custodial parent is doing for the kids with the child support money, that she can confront the mother about the situation as much as the kids dad. Does she have any legal right to do so or should all conversation regarding the kids be done by the father only?
1 Answer from Attorneys
After practicing law almost 20 years, I see this frequently from second wife's.
It's interesting, I never get the phone call from the father -- it's always the phone call from the new wife complaining about the evil mother -- the father NEVER makes the phone call!
I encourage second wife's to stay out of it. She won't like what I have to say. I do a lot of mediations & second wife's don't like it when I tell them the following...Stay out of your husband's parenting duties.
Here is what the Judge's say:
The father & mother of these children need to co-parent their children together.
The second wife needs to stay out of it.
The parents need to parent their children together.
They created their children together & they divorced.
They did not divorce their children.
They conceived their children together & they will be connected for the rest of their lives.
The second wife knew what she was getting into when the married this man.
The children are what matter & the second wife needs to recognize that she joined this family and that the children's needs come first
I believe that somewhere on my blog I addressed child support money.
www.txfamilylaw4u.blogspot.com
Here is the bottomline on child support money
Do the children wear clothes?
Do the children eat?
Do the children live in some sort of shelter?
Do the children live where there are utilities (air, water, etc.)?
Do the children have their basic needs fulfilled?
Do the children get driven in a vehicle (gasoline)?
Then that is where his child support goes!
If the step-mom is unhappy about anything, she should keep her mouth shut or she should buy what she thinks the children need herself.
However, she does not have the right to take the children & have their hair cut or do anything else permanent like get their ears pierced -- it is not her place to make decisions regarding these children since she is NOT a parent!
It is NOT her place to make parental decisions regarding these children.
Step-mom is not the children's mother -- she is NOT their parent.
SHE HAS NO LEGAL RIGHTS.
FYI: Several years ago a judge put a restraining order on a step-mom because of her negative behavior & her threats. It's extremely rare -- but it has happened.