October 2007


My Boyfriend’s Ex is Uncomfortable with me Being Naked in Front of their Child, Can She do Anything Legally?

My boyfriend’s ex-wife is upset because their 5 year old daughter jumped in the shower with me while I was taking a shower. I was about to get out of the shower when she started to get undressed and wanted to come in. Shortly after she came in I exited the shower and that was it. Then she started accusing my boyfriend, their daughter and I of taking showers together. I just want to know if legally she can do something.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I live in California. My boyfriend’s ex-wife is upset because their 5 year old daughter jumped in the shower with me while I was taking a shower. I was about to get out of the shower when she started to get undressed and wanted to come in. Shortly after she came in I exited the shower and that was it. On occasions, since my boyfriend and I live together, I have come out of the shower in a towel and there have been incidences where I get dressed while his daughter is in the room. She’s usually just watching television or just talking to me while I’m getting dressed. My boyfriend and I are never nude together in front of her. She (his daughter) and I are very close and she always wants to be around me all the time. I didn’t think there was anything inappropriate about it but I don’t know if legally there was. The ex and my boyfriend have already discussed it and he agreed that their daughter would shower alone and it wouldn’t happen again. Now she wants to come and meet me (we’ve never met before) and I believe she’s going to go over this particular incident with me again and she going to tell me exactly what I can and can’t do with her daughter present. I don’t go out of my way to get dressed in front of her or make her take showers with me the way the ex is making it sound. Then she started accusing my boyfriend, their daughter and I of taking showers together. I don’t know where she’s coming up with this stuff. I just want to know if legally she can do something.”

In a worse case scenario, she could conceivably get a restraining order against you, ordering you to not be around their daughter except under certain circumstances. If the judge and your boyfriend are both really having a bad day, it’s even possible she could use this to stop his daughter’s time at your home altogether.

In a case such as this, the best course of action is to acknowledge that she has what are probably, from her perspective, legitimate concerns (would you really want your own 5-year-old daughter to see someone else naked?), and to try to work out an understanding with her in a cooperative manner. That’s certainly what would be best for your boyfriend’s daughter, who above all else, needs both of her parents to be able to co-parent in a civil manner.

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My Mother Passed Away and my Father Remarried, What would Happen to my Younger Siblings? Can I Gain Custody?

Summary

My mother passed away in February of this year. My father, of course, now has my younger siblings. He remarried about a year before my mother passed away. If something were to happen to him and he would pass away, who would get custody over my younger siblings? So if something would happen to my dad, and my step-mom never went and tried to get custody of them, where would they go? And would I be able to gain custody?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“My mother passed away in February of this year. My father, of course, now has my younger siblings. He remarried about a year before my mother passed away. If something were to happen to him and he would pass away, who would get custody over my younger siblings? Neither I or my siblings care much for my step-mother whatsoever, she is trying to take over since my mom passed away. So if something would happen to my dad, and my step-mom never went and tried to get custody of them, where would they go? And would I be able to gain custody?”

If your step mother adopts, then she will be taking on rights and responsibilities vis a vis you and your siblings. In such a situation, she will have custodial rights should anything happen to your father. It would come down to the actual circumstances (loving environment, ability to provide, status quo, desire, ability, sibling ages and wishes, etc.) if there was a contest between you and step mother in the scenario where she has not already adopted and there is a struggle between you and her for adoption of your siblings. If she does not adopt, and does not want your siblings, and something happens to your father, then kinship adoption for you may be an option. Generally, the State would like to place children with family members. Assuming you are in a position to provide for them (over 18, employed, etc.), your ability to become involved with the care of your siblings would be superior to a stranger off the street.

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