Father and I currently have 60/40. We were trying to work an agreement for a 50/50 schedule before our court date in April because we live only 4 miles apart. He was unemployed. Today his wife stated that he accepted a job offer with Border control. They would like to continue trying to reach an agreement for 50/50 and allowing his wife to continue the Parenting schedule while he is gone. My issues is he has not told me his exact position. There are border patrol agents and officers. Their training is in different locations (New Mexico or Georgia) and different lengths (6 months or 4 months). We also don’t know what port he will be working. The closest one to us is located in San Diego, which is 1.5 hours away. I told them I could not move forward until I knew exactly what job he had accepted and what it entails.
What do you guys think? What should I do? Would the courts grant his wife to take over his parenting time while he leaves ?
You should consult with a family law attorney Some of us work on a limited scope representation basis which means the attorney only handles a certain part or parts of your case which helps keeps legal costs lower.
Disclaimer: Please note that my response is meant for informational purposes only and does not constitute legal advice in any manner. My response does not form an attorney-client relationship with you and I am not your attorney. All legal claims have a statute of limitations, which may be extremely short, so to protect yourself you should contact an attorney immediately.
The Custody and Visitation orders are between the two biological parents the Step Mom cannot take the place of the Dad for large chunks of time. If he is going to be stationed on the San Diego or Imperial County Border then at least he can see the child on his off days if he is going further east to Arizona New Mexico or Texas then he isn't going to be able to maintain any semblance of his 60/40. I would suggest that
all negotiations be placed on hold until the dust clears and I wouldn't agree that step mom can have large chunks of time while he is away training
Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.
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