Bam Margera asks judge to reject his wife’s divorce petition after claiming he can’t see his son

Bam Margera tries to get the judge overseeing his divorce from his estranged wife Nikki Boyd to drop the whole affair.

According to documents obtained by TMZ.

The reality star claims his ex won’t allow him to see their young son Phoenix, though she claimed in her own filing that his lack of visits is due to his own bad behavior.

DailyMail.com has reached out to a Margera representative for comment.

As it stands, the next scheduled hearing in his divorce case is set for July 11, but the skater doesn’t want to wait that long.

Throw it out: Bam Margera, 43, is trying to get the judge overseeing his divorce from his estranged wife Nikki Boyd to throw the whole thing out, according to documents obtained by TMZ

Speed ​​it up: The Jackass star also wants a judge to reschedule a previously scheduled hearing for July 11, claiming Boyd won't let him see his son Phoenix and therefore doesn't want to wait that long

Speed ​​it up: The Jackass star also wants a judge to reschedule a previously scheduled hearing for July 11, claiming Boyd won’t let him see his son Phoenix and therefore doesn’t want to wait that long

Margera and his representatives say they want to bring forward the hearing because he reportedly was unable to see Phoenix and therefore does not want to go a month and a half without spending time with the boy.

Part of his rationale for asking not to file for divorce is his claim that he was never legally married to Boyd.

He said in documents obtained by People earlier in May that she had never taken or used his legal name, and that they had “never been married, legally or otherwise.”

The couple had a wedding ceremony in 2013 in Reykjavik, Iceland, and Margera subsequently posted a video of the nuptials on YouTube.

It’s unclear if the couple had legal documentation from the union from Iceland, or if they ever obtained marriage licenses in the US.

However, it is not a requirement for women to use their husband’s name as part of a marriage.

Boyd’s attorney later told Page six that she assumed they were legally married years after the ceremony.

β€œShe was told the wedding would take place in Iceland and everything was arranged. She had a wedding ceremony and then returned to the US and lived as a married couple with Bam for many years,” her lawyer David Glass said.

Confusion: Margera's rationale for the request to dismiss the divorce is his claim that they were never legally married.  The two had a ceremony in Iceland in 2013 and Boyd says she thought it was official;  seen in 2012 in Philadelphia

Confusion: Margera’s rationale for the request to dismiss the divorce is his claim that they were never legally married. The two had a ceremony in Iceland in 2013 and Boyd says she thought it was official; seen in 2012 in Philadelphia

All an illusion?  Boyd's lawyer said she believed Margera handled the paperwork in Iceland and they lived as a married couple for many years

All an illusion? Boyd’s lawyer said she believed Margera handled the paperwork in Iceland and they lived as a married couple for many years

He claimed she believed the necessary paperwork had all been taken care of before the couple returned to the US.

But now Margera seems to be using the confusion surrounding the state of their marriage to try and end her divorce filing.

He could still be in trouble, as Boyd’s lawyer claimed that they could still be considered “putative spouses” under California law, even if they weren’t legally married.

The term refers to a technically invalid union in which the parties believed they were married and entered into the agreement in good faith.

In her response to Margera’s application, Boyd urged the judge to adhere to the previously established schedule for the next hearing.

She claimed that her ex can still visit Phoenix as long as he is in California at the time and sober.

It seemed like a thinly veiled shot at the prankster, as he’s been spending time out of state and on the East Coast in recent months, which would make visiting seemingly impossible under current rules.

‘Mr. Margera continues to claim to be the “wounded” party for not seeing Phoenix β€” even though he placed himself 3,000 miles away after exposing the child to abuse and drug and alcohol abuse,” Boyd’s lawyer told TMZ.

Although Margera claimed in late April that he had stopped drinking alcohol, his brother accused him of having a methamphetamine addiction.

Fighting Back: In her response, Boyd claimed that her ex can still see his son, but he needs to be in California and sober.  It was a clear swipe at Margera, who has been on the East Coast at times in recent months and has publicly struggled with drug and alcohol abuse.

Fighting Back: In her response, Boyd claimed that her ex can still see his son, but he needs to be in California and sober. It was a clear swipe at Margera, who has been on the East Coast at times in recent months and has publicly struggled with drug and alcohol abuse.

Jess Margera claimed that “since his meth addiction, [Bam is] unrecognizable” in a tweet, adding that he doesn’t “know what” [Bam is] capable of.’

He also expressed concern for Margera’s current girlfriend’s eight-year-old child.

Earlier in the month, Margaret turned himself in after criminal charges were filed against him. He is accused of assaulting his brother and making terrorist threats to other family members.

The skater was released on $50,000 bail after being found innocent.