This is a matter to discuss with your family law attorney.
We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.
Your situation raises several additional questions: does your ex-wife work? what are her hours? If the children are in child care during times when you are able to have custody of the children, you may want to consider filing a petition to modify custody to obtain custody of the children during these times. You should review the specifics of your case with an experienced family law attorney.
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You asked this question before. The answers remain the same - more questions about the circumstances. Telling us how old the children are doesn't clarify the questions I raised in my earlier response, such as why did your ex choose to work a shift when the children were not in school? Please take my earlier advice, and that of my colleagues, and set up a consultation with an experienced family law attorney in your area. A sit down, face to face meeting may not answer all of your questions, such as "how is that ok?", but it will give you some insight into the issues involved from the court's perspective and whether you should consider raising the issue before the court.
Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.