Custodial Parent Neglectful

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Kids_Rule

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What are the rights of the non-custodial parent when...

The Mom is the "custodial parent", but she does not come home on time, spends nights away from home and asks Dad if he can take the 12 year old child or should she find a sitter. She does the basic minimum as far as food and laundry, she refuses to drive the child places on the weekends when he's with her, tells him to call his Dad and ask him to take him. I must mention that the child is at Dad's house every day after school, Dad and his wife help with homework every day (Mom refuses to help) and child eats dinner at Dad's almost every night, sometimes sleeps over because Mom cannot make it home in time for his bedtime, sometimes stays until 8pm or later when she's supposed to pick him up at 5:30pm because Mom "has appointments".

Child support is always paid on time to Mom and child is very happy at Dad's house, says he feels safe at Dad's.

Mom is ruling both households because of her neglectful behaviors.
 
This sounds like another post by the new girlfriend or wife of Dad. While this one is Better because you do not seem to resent the child, we all give the same advice up front about the new lady commenting on the old parenting relationship: It's best for you to stay clear of it as much as possible.

That having been said, it sounds like he should ask for custody of his children and let Mom be the visitor. She, no doubt would fight him over it because she gets a check every month. How does your husband/boyfriend feel about taking custody?
 
Bingo, you hi the nail right on the head. I am the stepmom of 4 years, so I am not brand new at this, it"s been happening for awhile now.

In order to have the child live with us, the Mom would have to give him up, right? The Dad does not want to rock the boat and have the Mom say bad things about him to the child. Hence we continue to do what we're doing.

To me it's just not the right thing to have happen, the child is suffering from it and isn't that what's important here?
 
What are the rights of the non-custodial parent when...

The Mom is the "custodial parent", but she does not come home on time, spends nights away from home and asks Dad if he can take the 12 year old child or should she find a sitter. She does the basic minimum as far as food and laundry, she refuses to drive the child places on the weekends when he's with her, tells him to call his Dad and ask him to take him. I must mention that the child is at Dad's house every day after school, Dad and his wife help with homework every day (Mom refuses to help) and child eats dinner at Dad's almost every night, sometimes sleeps over because Mom cannot make it home in time for his bedtime, sometimes stays until 8pm or later when she's supposed to pick him up at 5:30pm because Mom "has appointments".

Child support is always paid on time to Mom and child is very happy at Dad's house, says he feels safe at Dad's.

Mom is ruling both households because of her neglectful behaviors.



Absolutely NOTHING you have posted qualifies as neglect...Either legally or morally.
 
butt out

What are the rights of the non-custodial parent when...

The Mom is the "custodial parent", but she does not come home on time, spends nights away from home and asks Dad if he can take the 12 year old child or should she find a sitter. She does the basic minimum as far as food and laundry, she refuses to drive the child places on the weekends when he's with her, tells him to call his Dad and ask him to take him. I must mention that the child is at Dad's house every day after school, Dad and his wife help with homework every day (Mom refuses to help) and child eats dinner at Dad's almost every night, sometimes sleeps over because Mom cannot make it home in time for his bedtime, sometimes stays until 8pm or later when she's supposed to pick him up at 5:30pm because Mom "has appointments".

Child support is always paid on time to Mom and child is very happy at Dad's house, says he feels safe at Dad's.

Mom is ruling both households because of her neglectful behaviors.

whoever you are in this, none of this is any of your business. its dad's issue to deal with it if he chooses. your best bet is to butt out.
 
Update: Mom was admitted to a mental facility and child is with Dad. Dad has total custody of child. Mom can only have supervised visits only after she has passed all the psychiatric tests the court wants done. My suspicions were correct, Dad and I did have rights, we had the right to protect his child from the mental harm that the Mom was causing the child. We all have the right and duty to take care of people when they are in wrong situations, especially children regardless if you're a bio parent or a step parent or just an innocent outsider. Thanks for all of your help.
 
Please remember that you are asking questions on a legal forum. It is important for you to understand that as a step parent you have NO rights to this child from a legal standpoint. You can support dad in caring for his daughter but he is the only one in your marriage who has custody of her; not you.

While step parents do love their step children dearly, it is often very hard for them to understand that, in the eyes of the law, they have no rights to these children. Sometimes in a court situation step parents (and this is often step mom) makes things worse, angering judges greatly.

Gail

Gail
 
I know my place as a step parent.

I was asking about the rights of the non custodial parent. And if I made that unclear by starting the post with, "what are the rights of the non-custodial parent when..." then I apologize.
 
We are ok with you. Except for "crazy linny" but she gets onto everyone. (ever board has their black sheep). You are better than most "step mothers" who post here because you are actually acting like and sounding like a parent. We deal a lot with women who resent "their man's" offspring baggage and so, as I warned, that is the first group we put you in.

I'm glad, via the Mom's trip to the Ha ha Hilton, that this child is going to be taken care of. You deserve a pat on the back instead of a scolding for caring about a child that is not biologically yours.

Good luck, let's hope the child doesn't have Mom's tendencies. Keep up the good work.
 
hope everything works out

I'm glad, via the Mom's trip to the Ha ha Hilton,

when i read this it reminded me of that line from the song hotel california-you can check out any time you like, but you can never leave! i wish they were still touring that be a heck of a concert to attend!
 
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