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3 Bumps

custody question.

I have full custody of my daughter, he has supervised visitations once a week. I am going to school but it's an hour and a half away and I have a job waiting for me when I start in the fall. My parents suggested that I live with my Aunt during the week (close to school and work) and come home on weekends because I can't afford an apartment yet and it wouldn't make sense to leave at 7am and get home at 1am because that's how my schedule would be if I were to commute and I don't have a car anyway and really can't afford it either. My parents would watch my daughter for me during the week...she has her own room and everything here and I would see her EVERY weekend and on my day off work during the week.

If my ex found out I wasn't living with her during the week...would that be grounds for him to get custody?

He too will never be home because of school and work. He'd be gone from 5am til 11pm

Answer Question
 
Anonymous

Asked by Anonymous at 1:27 PM on Jul. 14, 2010 in Relationships

Answers (6)
  • Possibly.
    UpSheRises

    Answer by UpSheRises at 1:31 PM on Jul. 14, 2010

  • He could certainly petition the courts for custody since you're the one with custody, not your parents. I'm not saying he'd get it or not. But he could bring it in front of the judge, definitely. Technically speaking if you have your child living with your parents and not with you or him you'd be in contempt of court for violating the terms of the custody agreement. Not that you'd get the book thrown at you but I wouldn't be surprised if the judge made you change your arrangements either.
    deadheadjen

    Answer by deadheadjen at 1:35 PM on Jul. 14, 2010

  • IT SOUNDS LIKE YOU HAVE A REALLY GOOD PLAN THAT IS ACTUALLY GOING TO WORK.WHY WOULD HE WANT TO CAUSE PROBLEMS THAT WOULD HURT HIS DAUGHTER YOU ARE DOING EVERYTHING TO BETTER YOURSELF & SEE THAT YOUR DAUGHTER HAS A GOOD LIFE.A JUDGE WOULD SEE THAT.BUT HOPEFULLY IT NWON'T GO THAT FAR.GOOD LUCK & IT SOUNDS LIKE YOU ARE DOING A WONDERFUL JOB WITH YOUR DAUGHTER.
    bvannkissy

    Answer by bvannkissy at 1:36 PM on Jul. 14, 2010

  • Check your CO. If there's a ROFR clause, you may be violating your CO.

    That said, it's mid July and you're talking about doing this for what? 2 mos? If I were in your shoes, I'd first research the CO and see if it's even a legal issue. Then I'd contact BD and let him know "Hey...I'm trying to wrap up the school thing and I was presented with an option to stay at Aunt Blah's during the week. I hate to be away from DD, but I'm really considering doing this. I know you don't get home til 11pm so I know you probably can't take her for overnights when I'm gone til 1am, so I was planning on having DD stay w/ Grandma and Grandpa. This will just be til Sept. Are you cool with this?"

    That way, you're covering your bases. Even if he has ROFR in the CO, if you email him and give him the option and he declines to take DD or gives you the okay, then you've CYA.
    BuddyRoo

    Answer by BuddyRoo at 1:38 PM on Jul. 14, 2010

  • You could be going against the courts and need to get it checked out or you could face jail time and/or fines. Maybe the father could have more visitation rights to help you out.
    MKSers

    Answer by MKSers at 2:08 PM on Jul. 14, 2010

  • I don't know if you would have a issue. There has to be a reason he only has supervised visitations. But you should check with a lawyer.
    BoosMom927

    Answer by BoosMom927 at 3:12 PM on Jul. 14, 2010

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