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Hello,

I need some advice as I am stuck at the moment....

My wife and I just recently got married 1 year ago, We have been residing in a suburb around boston for 4 years.

My wife has a "9" year old son. From a previous non-marriage relationship.(I am now his step father via marriage)

My wife had a notary sign a statement explaining that the father would pay her $500 a month until the son is 18. Which are usually delayed a week or two.. I did not know my wife when that was done.

Ever since I have been in the picture, (since the son was 3 years old) things have progressively got worse. For a while the father would take the son on weekends and return him on Sunday night over exhausted due to letting him stay up until midnight. He would not drop off my stepson in front of our house because he didn't like the fact that my wife was living with me..

About 2 years ago my stepson, whom was 7 at the time was sexually assaulted by an older boy at his fathers residence.

Ever since that day we altered the visitation and my stepson is only allowed to be with his father for a few hours on saturday or sunday. He no longer is allowed to sleep over. This never went to court, I never engaged a attorney due to the fact I was simply a boyfriend and had no control over the situation at the time. I did what I could to recommend that course of action, however my wife did not want to keep him away from his father.

His father rarely calls him to say hello. Only on saturday mornings mabye, whenever I answer my house phone he hangs up or pretends im not there and hangs up. He will keep calling back / hanging up over and over until his son answers the phone.

He has verbally said in front of his son that he doesn't like me and hates me. Wants nothing to do with me or my wife. My stepson says that his father does not talk to him about his feelings, he doesn't listen to him when he speaks. It's clearly a broken relationship.

We see a family therapist who has tried to help the situation but still the usual childish games commence with his birth father. My stepson knows his birth father hates me , however he doesn't understand why.

Can I do anything to put and end to the birth fathers games? Calling the phone and hanging up? He is accusing me of not allowing his son to sleep over his house, which I already explained why.

I do not cover my stepson on my insurance, his birth father covers him on his girlfriends insurance. So regarding healthcare I'm not really involved. However all other aspects , food / clothing / guidance / activities/ education is all handled by my wife and I

How much could a lawyer do in this sort of circumstances?

Thanks

In my opinion a 4yr old - 9yr old son or daughter should not have to experience this sort of immaturity from a birth parent. I consider myself a legal guardian with physical custody over him, however that has never been appointed by a judge, or am I since I married his mother?

There are too many loose ends. There is nothing to stopping him if he decides to cease sending child support payments. In my eyes I just want protection for my step son.

Editor's Response

I am very sorry (sick to my stomach sorry) about your step-son's situation.  You need to understand that there ARE ways for your wife to ensure that her ex continues to pay child support.  More importantly, there are ways, and you and your wife have an obligation, to make sure that the child is never abused again.  This forum is simply not the best source of information for you regarding these crucial issues.  You need to talk to a divorce and family law attorney NOW.  It will cost a bit of money but that child needs to be kept away from situations where he might be harmed again.  Good luck. 

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