Reza Athari & Associates, PLLC | Seth L. Reszko
Obviously, your wife's ex-husband does not control the kids when they are in your wife's custody. I am not sure if the ex-husband has sole legal custody, but it doesn't sound like it. When the children are in your custody, you have the rights to make the daily day-to-day decisions about the care of the children. It would be best to handle this issue outside of Court because filing an action b/c the ex is interfering in the custody can be costly and you might not get anything productive from the outcome of the case.
Answer Applies to: Nevada
The Law Offices of Jill Puertas LLC | Jill Puertas
In Missouri, the answer to this depends upon the type of custody that the parties have. If there is joint LEGAL custody, the mother and father jointly make decisions involving the children. If one of the parties has sole LEGAL custody, they are the primary decision maker. In general, the party who has custody has the right to make day to day decisions for the children. Major decisions are made either jointly or solely per the parenting plan designation as to who has legal custody.
Answer Applies to: Missouri
Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
Under Utah law, each parent is responsible for what occurs in their home and while the children are in their presence. Anything else could be considered harassment and detrimental to the parent-child relationship. I would advise you to seek counsel for an injunction against the ex-husband in order to enforce him to cease his control issues while the children are with you.
Answer Applies to: Utah
Baker Wyers Law, PLLC | Clifton Baker
Let's look at the words "custodial parent." Most decrees make one parent custodial, and that means to everything dealing with the kids. If you live in a 'joint custody' state, there are still severe limitations on what the parent without physical custody can decide.
Answer Applies to: Oklahoma
John E. Kirchner, Attorney at Law | John Kirchner
What "he thinks" is somewhat irrelevant to the correct answer. Basically, each parent's "control" authority should be identified in the court order that established the current parenting arrangements. You (as simply a step-parent) have no legal control over anything. Without more specifics about what the ex-husband/father thinks he control, no better answer is possible. But, if you can't determine who has what authority after consulting a lawyer who can actually review the current court order, then your wife may need to ask the court to modify and clarify the current order based on whatever the ex-husband is claiming he has the authority to do.
Answer Applies to: Colorado
Oliver & Duncan | Donald E. Oliver
In order to answer this, we would need to see the final judgment of dissolution as well as any other orders regarding custody and/or parenting time that have been entered since the original judgment. Did your wife get sole custody or did she fall for joint custody? How old is the latest custody order? Where do the children live, with you and your wife or with her ex-husband?
Answer Applies to: Oregon
Musilli Brennan Associates PLLC | John F Brennan
I would have to see the order determine what your wife's rights and obligations are, as well as his. Generally, he would have no more right than your wife, unless there is some other provision in the judgment of divorce.
Answer Applies to: Michigan