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  Posted to group - Legal Answers    <<Previous    Next>>

Parenting Time when STBX travels

My stbx travels approximately 85-90% of the year for his job. I was recently hired for a really good job (after being out of the workforce for 8 years) and I start my orientation this week. I was expecting the stbx to be home this week, working locally, but he texted me yesterday that he'll have to return to the client site next week. When he got home last night (Friday) for the weekend, he said he would take our 13 y/o son with him on his trip (son is out of school this coming week). When I told him there's no way he could take our son on a business trip -- what is he supposed to do all day while stbx works 10 hour days? STBX's plan was "he could stay at the hotel and play video games, and so-and-so's girlfriend said she could take him to museums and stuff."

Ā 

THEN he goes on to say that he'll be takingĀ our sonĀ on business trips several times during the year because stbx is supposed to have our son for 6 weeks out of the year, but he only has 3 weeks of vacation per year. I was very cooperative and generous with the parenting time plan, giving stbx 3 weekends every month (vs. every other), and an extra week in the summer (4 weeks), as well as every other school break. I did this because I thought his plan was that he would arrange his schedule to work locally during those extra weeks -- not drag him along on a business trip to sit in a hotel room unsupervised, or be put in the hands of a random co-worker's girlfriend,wife, or god knows who else.

Ā 

Would a court approve this? I know each parent can make their own childcare arrangements on their own time, but how could it be acceptable that a parent just put him in front of a video game in a hotel room, or with a stranger in a strange city? I'm not looking to make things difficult for stbx or alienate him from our son ... but I'm NOT comfortable or OK with any of this, especially when I would be home. My new job does not give me regular hours, but the upside is that I have major flexibility and can plan my workdays around the ex's parenting time, and be home 100% when our son is on my time.

Ā 

OK ... I'm going to post and hope that all of my paragraph breaks go through this time, because I hate reading long, unending, unbroken texts. :-)


by RiverTam   52 Posts 
Posted on 2/18/2012 7:05 PM
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Answers for "Parenting Time when STBX travels"  (11) (You must be logged in to answer)




Frankly I'd go with the other recommendation of the ROFR clause too. I'm with you that a child (13, 14, 15) should not be left alone for 40 hours plus a week in a hotel room just so dear old dad can say "See? I am a GREAT father! I bring him with me so I get my time with him!" And I'd be insisting that the kid doesn't miss any school too, unless he's ill. Sometimes you gotta just get tough and hang it out there with some people...............Zen Hugs
by worried2tears   2240 Posts
Posted on 2/22/2012 5:48 PM
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It sounds like he's thinking about himself, not his child.

Thanks for the note on paragraph breaks. I fixed mine too. I can't read one long, unbroken paragraph either.
by bluebird   3242 Posts
Posted on 2/22/2012 4:58 PM
151





If he is a bully and a bulldozer, then it's possible that he mentioned this business-trip thing as a way to freak you out and possibly gain concessions from you (such as the ones I just was recommending). On re-thinking this, I suggest you get more standard language in the agreement and be more flexible in practice.Ā  Otherwise he'll steamroll you.

First off, of course you will need language that states the child will not be removed from school for any purpose except the health needs of the child.Ā That seems like common sense, but I can just see a guy like this pulling your son out of school to go with him on a trip.

After that, go into detail about the need for itineraries, contact info, etc etc as spaz mentioned.Ā  Then you just have to wait for it to happen.Ā  It most likely won't.

Your stbx seems like he wants to make sure he gets his visitation time, even though it exceeds his vacation time. Since he travels so muchĀ for work, he is trying to figure out how to do both.
by mike1493   3231 Posts
Posted on 2/22/2012 4:40 PM
1





Thanks Mike and Spaz.

Again, I'm truly not trying to keep him from our son, and I've already agreed to a generous parenting plan. I just wasn't expecting this "plan" of his to leave our son unattended in a strange city. If I made plans to work 12-hour shifts and leave our son home alone that entire time, I know the stbx would make a stink about it - as he should, frankly.

I'm willing to work with him on rescheduling any difficult weeks, breaking the weeks up, etc., and I hope that stbx will be willing to work with me as well. But his typical M.O. is to be a bully and bulldoze me (and anyone else) to get what he wants. That's why I wanted to know if there were any legal grounds to support me.
by RiverTam   52 Posts
Posted on 2/22/2012 7:58 AM
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the only reason your attorney didn't state legal grounds is because there really aren't any....you are uncomfortable with it due to what "might" happen...not something that has happened...and courts don't rule on "mights" so when it is his time, he pretty much has the right to do what he wants, including choosing who watches him in his absence. IF he does leave the child alone in the hotel room, THEN you can take issue with future trips - but you'd have to prove it, and it can't just come from your son...you'd have to cal the police or the hotel staff....and at the age of 13...depending on your son's maturity level...there is a (slight) chance the court won't take issue with it.

What doesn't help you is that MI doesn't have a law on leaving kids home alone, although CPS gets involved if the child is under 10...

Knowing what you know, you can work on negotiating a middle ground with your ex, you can have a clause in your final stating that any buisness trips have to include PROPER care of the minor child at all times, never alone - and a phone number to the person who the minor is in the care of.

Or flat out refuse to allow him to go on ANY business trips by demaning a right of first refusal clause....
by spaznskitz   10634 Posts
Posted on 2/22/2012 12:45 AM
2





I'm sure your lawyer can figure out the language to make sure stbx can't take your son on business trips.Ā  In return, you should try to find a way to make sure he gets his 6 weeks of visitation, by being flexible with the scheduling and potential re-scheduling of the weeks.

Also might want to schedule days, not weeks.Ā  In other words if x will be working locally for part of a week, he can have the kid for that part of a week and make up the other part another time.

Anything to make stbx comfortable that you aren't trying to cheat him out of half of his visitation.
by mike1493   3231 Posts
Posted on 2/21/2012 2:29 PM
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Thanks -- I heard back from my attorney and she simply said "don't agree to it."

So OK ... I won't.Ā  :-)Ā  I mean, I'm glad she said that, but I guess I was expecting her to confirm that there are actually legal grounds for me to not agree to it.

All of stbx's traveling is out of state. I've already given my "blessing" to him taking our son to Florida for a vacation the weekend of son's birthday this summer. But I won't OK an out-of-state trip that means 40+ hours a week unsupervised.

I pray the judge agrees with me (if it gets to that point ... which I hope it won't).

On the "upside" I've just completed two days of orientation at the new job, and I can't wait to get started there!
by RiverTam   52 Posts
Posted on 2/21/2012 2:05 PM
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If you have temporary orders in place, check and see if he has to have your permission to take the child across state lines. Ā I don't know if he'll be travelling across state lines or not, but, it's always good to know.
by Dactyl   4941 Posts
Posted on 2/19/2012 6:14 PM
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I'm with you on the inappropriateness of leaving any kid (especially teenagers) in a hotel unsupervised.Dad may think twice about it when he sees the bill for room service and pay TV services upon checkout! I'm thinking that would be minor - unless Dad forgets to activate the parental controls on the TV - there was a whole lot of stuff that was inappropriate for a kid on the TV in the last hotel I stayed in.

Ā 

Legal and right are sometimes different - I'd ask for legal advice on this one.

Ā 

We're here for you.

by NotJulieG   305 Posts
Posted on 2/19/2012 2:27 PM
1





Ooh! I think I've got it now! (the paragraph breaks -- had to edit something in the post, and low-and-behold .. I could put in the breaks!).Ā  lol ...
by RiverTam   52 Posts
Posted on 2/18/2012 7:06 PM
0





RATS.
by RiverTam   52 Posts
Posted on 2/18/2012 7:03 PM
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