Troy, MO asked in Family Law and Child Custody for Missouri

Q: Can I keep my ex’s gf away from our son if i have a recording of him saying how she has no desire to be his step-mother

They split up after being engaged for 2 yrs and have a child together. I recorded him telling me she has no desire to bond or be around my son, does not support his fathers relationship with him, and wants to keep her daughter from my son because she claims my son might hurt her (completely unjustified) and he just said they’re getting back together. My son is 5. He also said she has serious issues and even got in the way of my ex seeing our son for 5 months straight. I want to modify soon but what can I do about the girlfriend??? There’s much more to the situation as well in regards to what she’s said and done to hurt all involved

Related Topics:
1 Lawyer Answer
Neil Smith
Neil Smith
  • Divorce Lawyer
  • Clayton, MO
  • Licensed in Missouri

A: It sounds like there's more to this situation that what is in your post. You might have a basis to modify your parenting plan. But simply having a recording like the one you described is probably not enough to "move the needle" in any way. You would need more compelling evidence.

Section 452.410 R.S.Mo. allows a court to modify a custody order if it finds that that facts have arisen since the date of the last judgment (or that facts were unknown to the court at the time of the original judgment), that a change has occurred with the child or child’s custodian, and the modification is necessary to serve the best interests of the child.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.