Monday, January 10, 2011

Q & A: My boyfriend's ex-wife is not following the court ordered visitation schedule

Q.   My boyfriend has an ex-wife with whom he has a son with, and she lives about two hours away.  It is court-ordered that my boyfriend get his son every summer.  This puts a bind on him, however, since his job would force him to have to pay for daycare during the day while he’s working.  I work nights, and can watch his son during the day so that he doesn’t have to worry about making arrangements for daycare.  His ex-wife, however, refuses to let me watch her son, and would rather her son stay with her parents instead, who live in town with her and basically keeps my boyfriend from having any time with his son at all.  Does she have a right to pick who can watch her child even though it’s during the child’s father’s time with them?

A.  Unfortunately, it sounds as though the ex is being highly unreasonable.  If she has a real concern with her son being with you, that’s one thing, but she may just be doing it out of spite, anger, or resentment against your boyfriend.  You’re “the other woman” and maybe she is afraid that her son might get attached to you.  It might be best to sit and talk reasonably with her to find out her true concerns.

However, I think the biggest concern here is the violation of the court ordered agreement.  If they have it court-ordered that he gets his son during the summer, then she is basically neglecting to stick with that court order and could be considered in violation if she is trying to keep their son where she lives just because she doesn’t want you caring for her child out of spite.  If he were to get daycare for his son, would she insist on “approving” of them too?  If not, then it’s a situation of spite.  If so, then maybe she is overly concerned as to who is caring for her son outside of her home.

1 comment:

  1. My question is, what is the typical approach for nonresidential parents (or just either parent) who do have to work but have visits like the summer, etc. or even just have the child the majority of the time?

    Are there any general stipulations about the parent not being allowed to get the child because he or she has to work to survive and care for the child?


    I have heard of this being thrown up to a parent, by the other parent. With the claim that the child does not to be in the parent's care if that parent has a job to work. Although it is acceptable for the same residential parent to arrange child care as necessary due to work, partying, etc. without even informing the other parent. In the replies for being okay for one rather than the other could range from "I am or was a single mom, I had to work.", etc. But wouldn't or couldn't that be the same response for the father in the situation.

    Plus married parents or single parents without the involvement of another parent, arrange child care all of the time.

    Here in the real world, people have varying schedules and sometimes child care becomes needed whether it be with a new spouse, a relative, child care, or whatever.

    In my mind it is a given that parenting time is simply parenting time.If the parent must work, then that parent is responsible for making arrangements for care for the child. Of course he or she is responsible for providing the other parent this information.
    But from my experience of having divorced parents and seeing other situations of a child having divorced parents, I am aware it is just not that simple. Just as much as I have seen it not be that simple, I have also been with both of my divorced parents growing up and was at times placed in care that was not with my father or mother, and other children of divorce have experienced the same.

    I would just like to hear of other situations.

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