My question is concerning a visitation matter for a family member, my brother-in-law. He divorced his first wife in 1997 and they have 2 children together. They had joint custody, his visitation rights allowed him to see his sons every 2 weeks (Friday night through Sunday afternoon) and also on Tuesday and Thursday evenings. His ex-wife did not often comply to the visitation rules and made it very difficult to see them. She recently lost custody of them due to having bi-polar mental illness and failed to keep the kids in school. A guardian ad litem was appointed to the case, and the mother of the ex-wife has placement (the ex-mother-in-law). My brother-in-law has since remarried and his wife today (2nd marriage) did not support the idea of the children living with them, and that is why placement was given to the ex-mother-in-law. She has had placement since Dec/Jan 07. My brother-in-law had a fair relationship with his ex-mother-in law. He was seeing them on a regular basis and they seemed to finally be bonding as father and sons. The visitations were going well until recently...the ex-mother-in-law has been putting stipulations on how they spend their time, not returning phone calls for setting up visitation, and telling him to get off her property every time he tries to see them. Reading this, you probably think he did something wrong, which is not the case. The ex-mother-in-law has become uncomfortable with the growth in their relationship and started to poison the minds of his sons...telling them things like (your Dad deserted you, he didn't pay the electric bill and that is why you were so cold in winter...terrible things and not true). His sons are starting to believe Grandma and resisting going with their Dad. Grandma is now telling Dad that they don't want to see him anymore and now the sons say they don't want to see him. These are the facts: My brother-in-law has alway paid his child support on time, he has tried to see them as much as possible, he loves them, and he wants a relationship with them. There has been no abuse or wrongdoing of any kind....the ex-mother-in-law is getting insecure and telling the boys lies. :no:
When the hearing took place for placement, the judge said all visitation rights were to stay as stated in the original divorce papers. He did not loose visitation rights.
My questions are as follows: Can the ex-mother-in-law who was awarded placement take away visitation rights from the father? Can the children say no to going with Dad if they are under 18? Absolutely no wrong doing has occured. What are his rights? I would think she is in contempt of court and could be thrown in jail by denying him visitation. The ex-mother-in-law says the kids are saying they don't want to go and she isn't going to make them go somewhere they don't want to. She acts like none of this has been her fault, but his sons have had a change of heart, and for absolutely no reason. Please help with advice. I'm very concerned for his situation. Thanks to all who respond.
When the hearing took place for placement, the judge said all visitation rights were to stay as stated in the original divorce papers. He did not loose visitation rights.
My questions are as follows: Can the ex-mother-in-law who was awarded placement take away visitation rights from the father? Can the children say no to going with Dad if they are under 18? Absolutely no wrong doing has occured. What are his rights? I would think she is in contempt of court and could be thrown in jail by denying him visitation. The ex-mother-in-law says the kids are saying they don't want to go and she isn't going to make them go somewhere they don't want to. She acts like none of this has been her fault, but his sons have had a change of heart, and for absolutely no reason. Please help with advice. I'm very concerned for his situation. Thanks to all who respond.
