Unfit step-grandparent taking control of my daughter

R

Remedy887

Guest
Jurisdiction
Wisconsin
I am the divorced mother of a two year old girl named Alice. The father, my ex, got primary placement of her during our divorce. I am entitled to have physical placement of Alice every other weekend as stated in our final court-ordered agreement. My visits are supposed to take place from 6pm Friday night to 6pm Sunday night every other weekend.

Instead of me having her for my visits at my house, my ex brings Alice over to my mom and stepdad's house on Friday night and lets them have her until Sunday night. Basically, he is letting them have my visits instead of me. Our divorce was bitter and nasty, and he has made it known that he is keeping her from me purposefully.

My stepdad has been a known drug addict for over sixteen years. He self-admittedly abuses prescription pills and marijuana. My mom filed for divorce and kicked him out last week because of his drug habit and all of the issues that go along with it. She thought he would change and now she has had enough, finally. It has torn our family apart for many years. He has stolen her prescription meds, done drugs in front of Alice while she is at their house, stolen my mom's money to buy drugs, has had drug deals in text on his phone, obviously acts high, etc.

He crushes Vicodin pills and snorts them through a straw, leaving an obvious residual powder around his nostrils. He gets marijuana in the mail in padded shipping envelopes, but always removes the labels with his name on them so we can't prove they are his. He is very vocal about his drug habit and rarely tries to hide it. My mom and I feel that he is severely unfit to be around Alice, especially left alone with her.

Even though my mom has kicked my stepdad out, he is demanding that he gets to see Alice. Obviously, he is not related to her by blood, so the court order does NOT mention him at all. My mom did go to court during the middle of my divorce with a "Grandparent's Rights" case to see Alice since my ex was at the time denying her visits. The Grandparent's Rights only applies to my mother since she is biologically related to Alice and my stepdad is not. My mom won visitation with Alice, but since I was living with my mom at the time of the jurisdiction, the judge decided to lump her visits with mine.

I have long since moved out of their house, but as per the court order, my mom is required to be with Alice at the same time I am. The court order does not specify whose house these visits are to take place at, because we were living in the same house at the time, so there was no need. My stepdad is adamant about getting to see Alice, and he harasses and bullies my mom into refusing to have these visits at my house. As aforementioned, my ex has started bringing Alice to their house for the visitation periods and insisting that I go to their house to see my daughter instead.

I, as her mother, feel I am being disrespected, left out, and pushed aside in favor of what the grandparents want. I have been missing out on my visits because of this ever since January, 2017. I have only seen my daughter a few times, only when my mom decides to bring her to see my for a few hours out of what is supposed to be my entire weekend. I cannot go to their house because my stepdad has long abused me and I do not feel comfortable being around him. I also feel that, as the child's actual mother, I should be entitled to have my visits with her at my own house.

Since my stepdad has moved out, my mom has been letting him come over to the house while Alice is there to visit her. However, she is even realizing how unfit he is to be around her, and she is barring him from the house and barring him from seeing her. My stepdad went to my ex and told him about this, and now my ex is arranging for my stepdad to pick her up every Wednesday and be alone with her at the house he is staying at for the entire day.

My mom and I called CPS when we found this out today, and the CPS worker told us that if my stepdad is left alone with Alice, it is considered neglect. My mom called my ex and told him several times about my stepdad's drug use in front of Alice, and the CPS call, and he does not seem to care, as he continues to insist on letting him see her, even if it means he's alone with her. I feel like my ex is neglecting our daughter. I also feel that I am not getting my visits where they are due. I have filed an order to change stipulation request to specify that the visits take place at my house, and make sure that my mom doesn't have to be with us. I am awaiting a response. In the meantime, I'm not sure what I can do, or if the form will be enough.

PS. My mom signed my petition as well to the judge to change the order
 
I didn't read all of that but I have two comments.
First, if your daughter is at moms house and the order is not specific about where the visit takes place, pick your daughter up and take her to your house if you want.
Second, having moved out from moms house you have a significant change of circumstances that requires a new visitation order. The sooner you get one that addresses the changes the better for everyone.

Make sure any new order specifically indicates the location where the exchange takes place and who the child is exchanged with. If mom is still allowed visitation make sure it does not interfere with your time.
 
I am the divorced mother of a two year old girl named Alice. The father, my ex, got primary placement of her during our divorce. I am entitled to have physical placement of Alice every other weekend as stated in our final court-ordered agreement. My visits are supposed to take place from 6pm Friday night to 6pm Sunday night every other weekend.

Instead of me having her for my visits at my house, my ex brings Alice over to my mom and stepdad's house on Friday night and lets them have her until Sunday night. Basically, he is letting them have my visits instead of me. Our divorce was bitter and nasty, and he has made it known that he is keeping her from me purposefully.

My stepdad has been a known drug addict for over sixteen years. He self-admittedly abuses prescription pills and marijuana. My mom filed for divorce and kicked him out last week because of his drug habit and all of the issues that go along with it. She thought he would change and now she has had enough, finally. It has torn our family apart for many years. He has stolen her prescription meds, done drugs in front of Alice while she is at their house, stolen my mom's money to buy drugs, has had drug deals in text on his phone, obviously acts high, etc.

He crushes Vicodin pills and snorts them through a straw, leaving an obvious residual powder around his nostrils. He gets marijuana in the mail in padded shipping envelopes, but always removes the labels with his name on them so we can't prove they are his. He is very vocal about his drug habit and rarely tries to hide it. My mom and I feel that he is severely unfit to be around Alice, especially left alone with her.

Even though my mom has kicked my stepdad out, he is demanding that he gets to see Alice. Obviously, he is not related to her by blood, so the court order does NOT mention him at all. My mom did go to court during the middle of my divorce with a "Grandparent's Rights" case to see Alice since my ex was at the time denying her visits. The Grandparent's Rights only applies to my mother since she is biologically related to Alice and my stepdad is not. My mom won visitation with Alice, but since I was living with my mom at the time of the jurisdiction, the judge decided to lump her visits with mine.

I have long since moved out of their house, but as per the court order, my mom is required to be with Alice at the same time I am. The court order does not specify whose house these visits are to take place at, because we were living in the same house at the time, so there was no need. My stepdad is adamant about getting to see Alice, and he harasses and bullies my mom into refusing to have these visits at my house. As aforementioned, my ex has started bringing Alice to their house for the visitation periods and insisting that I go to their house to see my daughter instead.

I, as her mother, feel I am being disrespected, left out, and pushed aside in favor of what the grandparents want. I have been missing out on my visits because of this ever since January, 2017. I have only seen my daughter a few times, only when my mom decides to bring her to see my for a few hours out of what is supposed to be my entire weekend. I cannot go to their house because my stepdad has long abused me and I do not feel comfortable being around him. I also feel that, as the child's actual mother, I should be entitled to have my visits with her at my own house.

Since my stepdad has moved out, my mom has been letting him come over to the house while Alice is there to visit her. However, she is even realizing how unfit he is to be around her, and she is barring him from the house and barring him from seeing her. My stepdad went to my ex and told him about this, and now my ex is arranging for my stepdad to pick her up every Wednesday and be alone with her at the house he is staying at for the entire day.

My mom and I called CPS when we found this out today, and the CPS worker told us that if my stepdad is left alone with Alice, it is considered neglect. My mom called my ex and told him several times about my stepdad's drug use in front of Alice, and the CPS call, and he does not seem to care, as he continues to insist on letting him see her, even if it means he's alone with her. I feel like my ex is neglecting our daughter. I also feel that I am not getting my visits where they are due. I have filed an order to change stipulation request to specify that the visits take place at my house, and make sure that my mom doesn't have to be with us. I am awaiting a response. In the meantime, I'm not sure what I can do, or if the form will be enough.

PS. My mom signed my petition as well to the judge to change the order

First off, your ex husband doesn't get to decide where your visits are at. At all. You need to go to court and modify everything since you have moved out.

Secondly, your stepfather legally has no bearing in this case. He's a legal stranger to her. So when you go to court, you need to get something put in there that he's not allowed near her if you can. If anything, try to get a protection order against him that covers you and your daughter.

If you aren't getting your court ordered visits you take his ass to court for contempt. You get it taken off that your mom has to be involved.

Until things get changed in court your mom can still see her at the same time you do. But there's nothing that states your stepfather has to see her. If your ex allows him to watch her during his time there's not much you can do until the order changes. But when it's your time, you can keep him away from your daughter.

You really need to go talk to a lawyer and get this straightened out.
 
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