I’m not sure that legally your spouse can stand in for you in court when it comes to your child. Although stepparents can be emotionally and physically attached to the child it is still the parents responsibility to see that the court has all the information that will prove the best intentions on your part. You can only do that if you are present in the court room yourself. It would be in your and your son’s best interest if you went yourself, even if your spouse goes with you for support. In my opinion, that would look bad to a judge if the parent didn’t actually show up. To me that would show that maybe that parent wasn’t actually concerned enough about the situation. Social Services may be able to handle all the research through your spouse as in information gathering, but eventually they will want to talk to you, since you are the parent.
Can my new wife represent me?
Dear SLB02:
Greetings. No, unless your wife is an attorney, she cannot represent you. However, you can call her as a witness in your child custody trial. I would suggest that you file a child custody claim or a motion to modify child custody if you already have a court order for visitation. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
In short, I cannot afford an attorney at this point as my wife and I have depleted our savings after a battle for increased child support this year for my son.
My ex-wife has been withholding visitation and has been co-ercing my son to lie on her/his behalf. I’ve documented all of these cases in which there was an excuse for him not to visit. I’ve followed through on many, and found them to be false.
More disturbing is the way in which my ex manipulates and distorts the truth, and teaches my own son to do so. Within the past year or more, my son and I have grown increasingly distant due to this (and the lack of visits).
My current wife has contacted social services in that county (awaiting feedback), and has done some research in this regard.
Can she go before a judge to represent me? Or would it be best if I were to do so?
Thanks in advance.