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Can My Wife’s Ex Stop Her Visitation?

Carolyn Woodruff

Dear Carolyn,
Hi, how are you? I have a question, my wife and I wanted to spend time with my stepson this summer but the father won’t let her get him. Can he stop her visitation?

Carolyn Answers….
Greetings. I am assuming there must be a custody order regarding your stepson that does not give your wife, the Mother of the child, visitation during the summer. If so, the motion your wife needs to file with the District Court is a Motion for Modification for the Custody of her child, based upon a substantial change in circumstances affecting the welfare of the child. She should ask for visitation in the motion. Tell the court in the motion why it is good for your wife to visit with her son. If there is no custody order, please write again. Good luck to you and you wife in seeing your stepson.

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Note that the answers in “Ask Carolyn” are intended to provide general legal information, and the answers are not specific legal advice for your situation.  The column also uses hypothetical questions.  A subtle fact in your unique case may determine the legal advice you need in your unique case.  Also, please note that you are not creating an attorney-client relationship with Carolyn J. Woodruff by writing or having your question answered by “Ask Carolyn.”

This blog is revised from a previous Ask Carolyn published in the Rhino Times.

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