What is my sons legal right as an Autistic child?

My sons fathers girlfriend is trying to take over!?

  • History: We have been split up for more than 5 years. after the initial split we tried to work things out and ultimately couldn't because she was in the picture ( that's her fault as much his cause she knew). They have been living together unmarried for the last 2 years. She has continuously called my cell phone to have ***** sessions, name calling and screaming matches. She always has an opinion about everything that is none of her business. And my son was recently diagnosed with Atypical Autism. In the last 2 weeks my son went to his fathers house and came back with a burn on his hand from a fire he was playing in unsupervised & got burnt. I called my ex to ask how it happened because my son who is 7 said daddy let me play in it, which unfortunately is believable because 4 months ago he came home burnt for the first time from a hair dryer. His dads response to that was... I was standing right there and told him it was hot not to do it, but my son did it anyway. His dad said i let him do it because he wouldn't do it again. He didn't even try to stop him. This time there was a fire int he back yard and after telling my son not to play in it 10 times dad proceeded to go to the front yard to mow the grass. Leaving our 7 year old son unattended. Well he got burnt, so when he came home sunday i seen the blister on his hand and it was really too late to call that night so i called him first thing the next morning. I knew the conversation could potentially go south so i decided to record the conversation because his dad is famous for trying to make me out to be the bad guy. I never once accused him of anything, raised my voice, or cursed at him. I called him and asked a series of fact finding questions. he immediately got defensive started yelling and cursing at me. stated that he told him 10 times to leave it alone, left him unattended and anything that happened was my sons fault for not listening and he guesses he wont do that again, just like the hair dryer. My thoughts are that this is really becoming a habit, and whats going to happen next time. He hangs up and calls his girlfriend and proceeds to tell her some far fetched story how i accused him of being unfit and had an all out ***** session with him. she then calls my phone and i let it go to voice mail because I don't want to deal with her bull ****, she leaves a VM that you can barely understand what she is saying, she is cursing at me, and saying that if i have a problem with his parenting that i need to address him and her both face to face. My thoughts: I don't have to address her with anything pertaining to my son unless i don't like something she did or is doing with my child. She is the GIRLFRIEND! Also we are having an issue about insurance premiums, in our custody papers i have primary custody and he is to provide health insurance. For him to add him to the insurance would cost him over $300.00 and to be nice we added him to our insurance for $30.00 a month and asked him to pay half of the insurance and copays. He has paid half for 2 months out of 7 for the insurance, the copays are the same story. I call this morning to find out if dad signed him up for base ball, introduce my self as my son's mom and ask if he's on a roster that i haven't heard anything about practice. This woman at the rec office calls me by the girlfriends name and says he is on a roster and the coach should have already contacted me. I then explain to her that I am Kimberly, his mother, the she is the girlfriend and she proceeds to tell me she can't give me anymore information because I'm not on his application as mom. The girlfriend is. How do i handle this girl? How do i get it through her head that she is not my replacement and she never will be. She is constantly trying to buy my kids love. I'm really at a loss for what to do about her. WHat i want to do is not legal!!!

  • Answer:

    Whenever your son comes home with any bump, bruise or even a tiny scratch take him to the ER. I know you don't want to but this will be documented and not just hearsay when you have to show court documents. I live in NY and if children come to the ER with certain injuries like what you're claiming child services is involved immediately. They interview at the hospital and this is what you need in order for you husband to have supervised visitation. For now you should try to put your son under your insurance or see if you can get some type of mediaid or something for him. No child should live without insurance. Go to family court and petition for monitored visitation due to the lack of supervision and state that your son is a special needs child that needs 24/7 supervision. It would also be good if you could provide pictures. This should help to eliminate the girlfriend issues. Also save your messages and report her to the police dept for harrassment. This will help your case in family court. Get a restraining order if you can. You have to think smart to protect your son.

eryca k at Yahoo! Answers Visit the source

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Other answers

Take your son to a Dr. and explain bhow he got those burns. Then report it the police. Your ex and his g/f are guilty of child abuse/neglect.

free_angel

What a *****. I am a STEP MOM. I know what it's like not to be the mother of a child I love- but I have never, and would NEVER try to replace my step daughter's mother. I would NEVER list myself as her mother on any application. That is disgraceful and disgusting. You should call her, tell her to meet you at the REC Office so she can tell those people that she is not his mother- she is just the girlfriend. Then I suggest you set up a conference at Domestic Relations with your EX to discuss custody, child support and your concerns. Save the voicemail the girlfriend left, and see if you can use your recorded conversation- I don't think you can though unless you told him prior to the conversation that it was being recorded. Keep your cool- I know it's hard but it will look and work out better in the end if you. The girl is obviously a *****. OH- and I don't care how many times he warned him- YOU DO NOT LET YOUR CHILD PLAY WITH FIRE.

*~*Emily*~*

Record all these instances and get back with your lawyer ASAP. If his father is allowing him to be harmed and/or injure himself purposefully then you have serious problems that need to be addressed, rather than obsessing about his new girlfriend replacing you. Like it or not, if your son spends time with them, his girlfriend is his father's current partner, and will have a say in both of their lives. You need to get over both of them and work to protect your son.

Katie W

unfortunately this woman is going to be in your life weather you like it or not. That does not mean you have to take her abuse. When she calls tape the calls and when she starts yelling and swearing at you calmly say that you refuse to argue or let her swore or disrespect you. You are the mother and when she can talk to you calmly she can call back and then hang up. If you do this consistently she will get the point. If you decide to pursue things legally you will have the tape as backup that she is psycho and you attempted to try to deal with her but you remained calm at all times. Good luck

justmegdivine

First off, I would take your sons birth certificate down to the place he is registered to play ball and INSIST that you be listed as the mother. Second off, I would call child protection services on your ex. Not only are his actions with your son stupid, they are neglectful and could cause serious harm to your child. That is not okay. It is child endangerment. Do something about it before you end up getting a call from the ER on a weekend he is in your Ex's care. Third, let this woman know that regardless of what she may think that this is YOUR child and to back the hell off. I am a step-mom and I fully understand how it feels to be on the other foot, but I would NEVER impose on her rights as a mother. It is a priveledge to be a part of my step-sons life not a right. Sounds like this woman needs a reality check.

sgt

It seems you have a lot of issues with the girlfriend, but if they've been together for 2 years living together... then i hate to say it but she's not really "just" the girlfriend... shes the girlfriend yes, but she's a huge part of your sons life and your xs life, so you'll have to learn to deal with her. As she should be mature enough to understand that you are the boys mother an she needs to be respectful and understanding of that. Because your son has autism, maybe you need to explain to your husband that he's not the same as other 7 year olds, he won't just learn as fast as them and that because he tells him no (as with any 7 year old) does not guarantee that he will listen. Autism can be very difficult to deal with, as I know from experience, but your ex husband needs to understand the severity of these little accidents, one day he could really hurt himself seriously... and that wouldn't teach him either. I would continue to record the conversations to ensure that if it comes down to it you have proof of how these accidents are happening in case CPS gets involved and/or you need to take your x to court. As for the school issue, I would go in and make sure that in the school files you are listed as the mother and she is not so the accident does not happen again, if you really want to be a b___h, that's fraud... she cannot sign an application as his mother if she is not and u can press chargers if u feel the need... u kno the legal approach! best of luck

POLiE

I see a few things here. First off, you need to take pictures of any and all bruises or burns that happen with your son in the dad's care. His negligence could suspend visitation until its cleared up. Also, you can call CPS and get it documented, and they should investigate the matter. Unless you told him that you were recording the conversation, it won't really be used against him, but the VM you can use against her. What you should do, contact your lawyer, show them the pictures or let them know what is going on there. If the father is leaving a 7 year old unattended around a fire, then there are serious issues. If its not too late, or if it happens again, when you get your son, take him to the hospital and have it documented that way. Then, call a personal injury lawyer and sue. As far as his GF, tell her she is not to contact you. He has no right to talk to you about the son or the fathers parenting skills. Unless they get married, she has NO say. As far as the insurace, this should be already agreed to in writing. If its not, get it in writing. This way, if he fails to pay, he can get into trouble. As far as the baseball thing, if you are close, I would take the birth certificate to the place, show them that and your ID, and request her name be taken off as mother. Its possible she signed your son up for baseball and they just assumed she was the mother, but it should be cleared up. What you should do, let the woman know she will never be the mother of your son. Never. It doesn't matter what she does, your son will see through it eventually. The problem with this, you have to spend your money on clothes, house, food, etc, she doesn't. So, she can buy all those things. I can relate to you. I am married to a woman who has twin girls that aren't mine. Their father's then GF let one of the girls fall into a fire pit. Yes, it might have been an accident, but the fire shouldn't have exsisted in the first place. Anyhow, we are suing her, because of all the medical bills. But, now they are married, so she is interfering with the custody, plus she is paying for it all. Anyhow, I am in the military and possibly moving out of state, but the father, and we know her is trying to fight it and make it hard on us. Plus, my wife doesn't want the kids to be watched by her. So far, we are winning, but since they are married, it will be a losing battle. Unfortunatly, what she is doing as far as buying things is not illegal. Her calling you can end up being illegal if you tell her to stop calling you. I do think your son is in danger since he gets burned and the father lets him. I understand letting your son learn about what is hot or cold, but I could sit and watch it happen. As far as having your son unattended around a fire, that is dangerous. What is next, he will let your son play in traffic. Yes, your son might learn not to do it again, but what if something worse would happen. I would get proof and then have visitation suspended.

George P

I'm sorry you have to go through this, and I must say, I'm glad my ex-husband's girlfriend doesn't try to contact me!!! First off... Don't answer when SHE calls. Does she have her own number that you know? If so, simply don't answer. You have no legal obligation to her, do not need to talk to her. If she persists on leaving you hateful voicemails, get a restraining order making it impossible for her to contact you. You do NOT need to be abused this way., while she is your ex's girlfriend, she has no right to harass you like that. Secondly, tell your EX (and not both of them together) that she is NOT to list herself as the mother any more or else you'll pursue this in court. Go to the rec center, and as someone said, show the birth certificate. Request that every information must be sent to YOU, as YOU are the mother. PLease check everywhere else she might have listed herself as the mother! Make sure things are in order at school doctor, etc.! For the fire thing... Yeah, call CPS. If he is autistic, he might not really understand that he can't play with fire. 7 yrs olds should not be left alone near fire. It's not a "he will learn and not do it again". It IS child endangerment. Document everything, take pictures, record phone conversations (depending on where you live, it might very well be legal without consent from the 2nd party). Unfortunately, you ex made a choice to be with this woman. However, she is in no way allowed to treat you that way. Honestly, if my ex-husband's girlfriend calls me ONCE to yell, I'll let it go. If she does twice? I'd get a restraining order. I'm glad he told her to never contact me as my ex and I share a child, but I do not need to talk to anyone but HIM about the child, especially not the woman who got my husband to cheat on me and leave me and our newborn son!!! EDIT: Read what you added. Stop saying "charges will be pressed"... and PRESS SOME! Get her off your back! And really, you should make sure to check everywhere to see if there isnt anywhere else that she listed herself as the mother!!! But, I'm telling you...get a restraining order, don't wait. You do not need the stress, nor deserve the abuse.

Wintery

do a consult with a lawyer...it doesn't cost you anything. tell them she is putting her name on forms for your child claiming she is the mother. Oh and FYI....if she takes him someplace that is going to bill you all later, if she signs the forms say at the dr or something, she is ultimately responsible for paying for those services.....might be something you could also tell the lawyer.

Amy C

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