can a custodial parent work night shift?

River - posted on 03/24/2015 ( 6 moms have responded )

51

0

8

My stepsons mom recently moved to be closer to me and my fiance. She used the back support money from taxes. We are glad she's closer , we see the child more. However, she has custody. She works in a factory down here from 10pm until 6am. She sleeps from the time she gets off until around 2pm. So she has her child for about 4 days a week for roughly 6-8 hours a day and every other weekend. Point is, my fiance has him over half the time because she works at night and sleeps during the day. They have a custody case coming up. Is it likely the judge will see this as a reason to change the custody arrangement? To me it makes sense to change it as the child is with us over half the time and the court order specifically says if neither parent is available to watch the child then I have right of first refusal. I do not understand why the judge put that in the order. But it's there.

6 Comments

View replies by

Jodi - posted on 03/25/2015

3,518

36

3906

I'm also confused, because in your other post, you are saying that the bio mum isn't working, but that your boyfriend is trying to help her get a job. So she is actually working and supporting her child too?

♫ Shawnn ♪♫♫ - posted on 03/25/2015

13,207

21

2014

So...she's leaving the child with your boyfriend while she works?

It does seem, at that point, that a judge would change the custody orders, but your boyfriend would need to petition a change of custody. Have him speak with his attorney.

♫ Shawnn ♪♫♫ - posted on 03/25/2015

13,207

21

2014

Um...In your other post, you said your boyfriend was current on support. How did she have 'back support'? hmmm...

As far as custody switch, it will depend on what would benefit the kid, not what 'you' want. And speaking of what you want...you seem awfully judgmental of bio mom, and an extreme know it all when it comes to what 'should' be. I know that sounds harsh, but you seem to have a misconception that what 'you' as the not even step parent yet have to say should be taken fully into consideration when handling arrangements for your not even step child. This is not how this works. As the 'second' partner to this person, you have zero say in anything regarding the child.

As for right of first refusal...That usually applies between co parents, not the girlfriend of the father, so you may want to get clarification on that, because it seems confusing to me as well.

River - posted on 03/25/2015

51

0

8

The child is 2 in June. I'm not sure why he gave me right of first refusal honestly. I don't mind. I love the little guy. But I thought it was strange too. It could be because I've helped raise him since he was a baby. I've never tried acting like his parent. But when mom or dad asks for my help I gladly give it. I know mom wanted me to watch him instead of daycare. So She may have said sometfhing to the judge. I really don't know though. I just know what the court order says. "Father and fiancee are to have child when mother isn't available. Fiancee is to have him when father and mother aren't available" I know we aren't married yet and he's not my step son yet. It just seems easier to say stepson than fiances son. His mom even calls me step mom. She's the one who started saying it.

Ev - posted on 03/25/2015

7,232

7

909

Usually the step parent does not have the right of first refusal. The child is how old? It is still going to be up to the judge to decide if anything changes or not.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms