Can I legally keep my 7 year old son away from his step father who i no longer trust with him? He's got a younger brother who has no problem going to his fathers on the weekends but my 7 year old gets very stressed and upset when he hears its time to get ready to go. We are going through a nasty parenting order battle. But does anyone know my rights with my oldest son. He has said that he feels left out and unlucky there recently.
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You say step father and then father?? Im confused
I would say she means step father to the 7 year old and bio father to the younger brother.
He is my first born step father and second born biological father. We were together from when my oldest was a few months old and his bio father is not really in the picture. We separated a few years back and I've had avos and stuff against him but he's recently been making my oldest feel unloved (he includes him in his parenting order though) he's had both boys most weekends since breaking up but he's gotten a lawyer and making up stories about me. I'm concerned for my son though and want to know if I can keep him and protect him without it egally blowing up in my face.
Yes you can legally (if there was no adoption). You do not have to send the step child and it’s quite unusual to send a non bio child.
There is no adoption but he's been the "father figure" since he was a few months old. He has recently started being what my son sees as nasty and making him feel unlucky. My son has also just been put on medication for Ritalin that I don't trust him to give to him. I'm worried he'll give it to him in higher doses than prescribed because his new partner has said my children are hard for them to handle.
Step father? No you do not have to send him. Though I have heard step parents can still try for custody if they are the only parent the child knows and have been there from the start but I would imagine that's a pretty expensive court case. It is nice your ex is including your son in access though, I find it pretty sad when step kids get forgotten in break ups it must be so confusing.
He has a new child now just turned 1 and I'm worried that my sin who isn't biologically his is being forgotten and dragged around and included because he doesn't want to look like a bad guy.
Yep keep him home. Sounds like step dqd doesnt want him there anyway, and if he wants to fight for it he'll need to win legally, so let him try.
Thats what im thinking. Because he has another child who just turned 1, he's forgetting my son who's not biologically his. And only including him so he doesn't look like a bad dad.
Guess youll need a lawyer since youve already signed parenting orders including him
There is no parenting order yet, its been a verbal agreement between us but 2 months ago we both got a lawyer to make things official and since then things have turned to hell for my oldest. But there still is nothing signed or agreed on.
Oh good youre in the clear.
So you believe i can keep him from his step father without and legal backlash on me?
I dont see why not. Hes legally not entitled to anything. If hes an exception he'll need to have that agreed by a court, but until then he has no parental rights.
You say you’re going through a nasty parenting order battle so I feel there’s probably a lot more to this story. Maybe really sit and think about what’s in the best interest of your child and get legal advice
He is the child’s step father, so he technically has no rights even through he raised and paid for him for however long. You don’t have to send him or even allow contact at all
Hes been the father figure since we got together when he was a couple of months old. But he obviously isn't on the birth certificate or adopted him. He doesn't pay child support for him either.
What does child support have to do with it?
Why would he pay child support for a child that isn’t his?. That’s the responsibility of his biological father. But I’m sure he payed for him in other ways while raising him. Have you tried talking to your ex about your sons feelings? Maybe try and figure out what the issue is. It could be a case of jealousy on your child’s behalf now that there is another child in the family.
Step parents are not required to pay child support...
Get an appointment with a councillor for your son. Let him talk to someone that can advocate for your son with the parenting orders. Having his wishes coming from someone in a professional setting will be better. There is less chance of ex and his lawyer saying you have been putting these ideas in his head.
I hope your ex pulls his head in and starts thinking about the best interests of your child
Technically, if there is no Court Order, you can withhold care of any child - bio or step. As there is no orders, you aren't contrevening a court decision.
My daughter was not legally required to go to her step fathers (my sons bio dad) unless he took me to court for visitation