If my ex goes out of state when it is his parenting time, do I have the right to keep my son with me?
4 attorney answers
The language of your parenting plan is key. What does it say about what happens during a parent's parenting time if they are going to be away from the child during that time? Some plans give the right of first refusal to the other parent - meaning he would have to ask you to care for the child first before allowing his mom to provide care. If there is nothing in your parenting plan - then his parenting time is his time and he can choose to have his mom provide care. If you have concerns about this and think there is a better plan that would benefit your son - you should also review your parenting plan or Orders to see what is required of you relative to discussing the issues with his father before bringing the issue back to Court if you think that is appropriate. Sometimes parenting plans have specific provisions regarding mediation or other alternative forms of dispute resolution before they can be brought before the Court. If you have questions about your specific plan or would desire moving forward with a change in the parenting plan you should talk to an attorney who is well versed in this area.
Unless you have a right of first refusal in your parenting plan, your ex probably can leave your son with his mom. Read the parenting plan carefully. It may be necessary to modify parenting time if this is a recurrent issue. Good luck to you.
It really depends if you have parenting time orders in place or not. Your ex is generally allowed to leave your son with relatives during his parenting time. But parenting time orders can contain a "right of first refusal" under which you are first in line to take your child during your ex's parenting time, if he is otherwise unavailable or chooses not to exercise his time directly with his son.
If he continuously leaves your two-year-old with others during his parenting time that may, at some point, give you the opportunity to request a modification/reduction of his parenting time. But I wouldn't recommend pushing the envelope on that with the Court unless there is a long-standing pattern of this occurring.
By responding to questions on AVVO, I am not establishing an attorney-client relationship with anyone who posts a question. You should not rely upon my responses to take specific legal action in your case(s). My comments are meant to address legal subjects in general, as I do not know the specifics of your case and am not your attorney at this time. In order to determine the best course of action in any particular case, you should retain counsel and establish a trusted and private attorney-client relationship . I often am on the go meeting clients or appearing in court, but try to generally answer your AVVO questions via iPhone if available. So please excuse any typos.
What does your parenting plan say about this? When you use the term "ex," it tells me you already have orders. If not, everything is up in the air.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced attorney to be fully aware of your rights. Finally, please forgive any typographical errors in my note!
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