What rights do I have as a stepmother regarding my stepson’s visitation with his biological mother?

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What rights do I have as a stepmother regarding my stepson’s visitation with his biological mother?

I have been raising my husband’s son from his first marriage, for the past 8 years. My husbands ex-wife was in and out of the child’s life for 6 of those years and has only been in his life solidly for the past 2 years. However, she has been ignoring the child when he visits her and the child does not wish to continue visiting his biological mother. How do we proceed without getting into legal trouble? Do we make him go with her, even though he has threatened to run away if we make him go.

Asked on October 9, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are in a very precarious situation.  If ther eis a court order in effect that states what the visitation is supposed to be then you can not violate the order.  And you need to explain to your step son that if he puts you in the position of violating the order you could be sent to jail.  Now, what you need to do is to attempt to modify the order but really you wish to terminate the visits and it is unlikely that the court will let that happen.  Courts view the matters in the best interest of the child.  Good luck.


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