Skip to main content

What kind of Motion should I file to have my Husband's Ex-wife stop interfering in our life and our relationship with the kids?

Delray Beach, FL |

My husband's ex-wife told their sons (2 & 4 yrs old) "you are not allowed to call her Mom,she is not your mother,she is only your Dad's girlfriend", her lawyer send us a letter threading us if we do not correct & stop the kids for calling me Mom she will take us to court.She is stating that we are couching,forcing & imposing myself as a mother figure & for them to call me mom at all times,I have a 5 yrs old & call my husband (Step-dad)Daddy which I don't see any wrong with it.I believe in lettering the kids feel free & express themselves freely at all times.Now our son is very defiant with me,not listening & trying boundaries even more than before,just because of what she told him & this only what we know since she said in over the phone with my husband on the phone. Plus asking personal ?

Attorney Answers 3

Posted

She is correct. They only have one mother and the law and courts willl back her up on this. She is their mother and you are their step mother. They can address you as stepmother but not mother. If you file any motion about this you will lose.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

Mark as helpful

3 lawyers agree

Posted

A person has only one mother and one father. A stepparent can be even closer to a child than a biological parent, but the correct title is stepmom, or stepdad. The mother can claim you are trying to commit parental alienation, confuse the children, and eradicate her existence in the child's life. It is highly doubtful any motion you bring will succeed in having the Court order the children to call you Mom, unless you are able to do a stepparent adoption.

** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (786) 501-6655

Mark as helpful

5 lawyers agree

3 comments

Asker

Posted

I have never intent for the kids to call me Mom, they call me by my name as well, all we want is for the kids to feel free to say and express themselves freely without being worry that is wrong. I will never overstep on her role regardless if she is a fit or unfit mother. All we want is for the kids to don't have any kind of restrictions, that's all and for her to stop putting them against us. We will never forced them or coach them to do something just to please my ego or hurt her, we do look out for what is best for them that is why we wanted advice since she is always in our business as well, all we want it's to be happy and leave a peaceful drama free life but it's impossible with her we don't know what else to do :-(

Karen Tallent Munzer

Karen Tallent Munzer

Posted

I understand what you are going through, and it is very difficult to be a blended family. The fact that the kids call you mom, and feel close to you shows that you are doing something right. Dealing with exes is difficult. There is a reason why they are exes. Try not to let her inject her nastiness into your happy home. Good luck.

Asker

Posted

Thanks I appreciate it. Have a great week :-)

Posted

I agree with my colleagues, you can let children express themselves, but DO NOT let them call you "mom", "mother", "mommy", or any variation, except step-mom. You are not their mother. If they file a motion you will lose, and judges do not like this kind of behavior.

Mark as helpful

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics