Custody states that the Visitation schedule is in effect regardless if I am working or not. My child's mother tried to stop our child from going to my home if I was working so we made sure the papers stated I had him regardless if I was working.
In the General Provisions section, it states "except if the parent is working their routine work schedule, if the parent and or caregiver can not watch the child for 6 hours, the other parent will get first choice to watch the child"
I am on call 24/7-my job states. I was working this weekend on my child's weekend to be with me. My child's mother tried to get him by saying the paper stated she can have him if I'm working offshore for longer than 6 hours. If I was NOT working and was away 6 hours, then she had first choice to get him. Correct?
Family Law Attorney
The normal reading of this language is that if you know you are going to have to be away for 6 hours during the time you have the child that you must offer her the chance to keep the child. If you are on call then you don't know you are going to leave but if you get called and its going to be 6 hours then you need to give her the chance to watch the child.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.