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 Question:
My son and his wife signed a custody agreement that gives him joint custody and visitation for two weeknights a week with their 7-month-old baby until the child is 3 years old. He doesn’t get weekends or holidays, and it seems like he won’t fight it because he’s interested in getting her back so he does whatever she says.
How can I at least get visitation and time with my grandchild? What are my rights as a grandparent? I just want to be able to take her for ice cream on a summer Saturday afternoon.
 Yes, it is time to get our kids back on a school schedule. This article is a reminder for some, and a very important checklist for the new single parent. I have gathered a lot of suggestions from our SingleDad.com members who wanted to share their tips for getting prepared for the school year.
Question: I would like some information on first rights. My fiance has joint custody of his daughter from a previous relationship. He gets the child one week and his ex gets her the next. He agreed to first rights in the custody agreement. My understanding of the Parenting Guidelines is that if he has to hire someone to care for the child on his week while he is at work, he must first give the mother the option for additional parenting time. Since we live together and I am available to keep her at home while he is at work, does he have to offer her first rights? We have been told that Indiana doesn't even have a first right statute any longer, but he put it in the custody agreement. She is so hostile that she wants him to not even leave the child with me for his doctor's appointments. She is constantly causing problems and as soon as we can afford to obtain an attorney we would like to take her back to court to have first rights taken out, to change the custody from one week to two at a time, and to have the court explain to her what reasonable and flexible means. We have tried to keep his daughter at home with me while he is at work, but she causes so much trouble that he relents and lets her take her. Neither one of them work 9-5 jobs. He works 1pm - 7pm, and she works at a BP gas station so her schedule can change from day to day. Even though she does try to keep a schedule on his week so that she is always available to have the child when he is at work. To show how unreasonable she can be - when his older daughter(child's half sister) graduated, she absolutely refused to extend any additional time so that we could take her with us. It was his week when we left on Wed but the graduation was not until Sat. This was also Memorial Day weekend (and it was her holiday). He offered her Fourth of July and all make up days for the extra time that we would have her. She basically told him that since I was going that he could not take her. That if his parents (who live in Alabama) wanted to take her that they could, but she didn't want me having any extra time with her daughter. It didn't matter that it was her sister's graduation. Even though he usually tries to get along and not rock the boat, we took her with us any way. It was pure hell when we got back. We save all of the voicemail messages that she leaves and record them on cassette tapes in anticipation of going back to court. Thanks for your help. Linda Answer: I am not licensed in IN and therefore cannot answer your question specifically to the laws of that State. We often put rights of first refusal into parenting plans, though I often do not recommend using them if the parents are unable to communicate. My typical language used for a right of first refusal includes a timeframe of 2-4 hours of estimated time that the child would be with a third party before the need to call the other parent kicks in. However, if the terms of right of first refusal is active, you as the fiance (or step parent for that matter) are a "third party" and the mother should be called before leaving the child with you. With regard to your Memorial Day incident, I believe the Mother was justified in giving you "hell" upon your return. It is not justified to take her weekend regardless of the reasons behind her refusal to trade weekends. She is not obligated to explain her reasons for refusing to trade holidays. The court order controls. It would be nice if people could always work together, be flexible in trading weekends or altering pick up times, but if the parties are unable to AGREE to a change, it is not justified that your fiance just take her weekend. Be careful returning to court if mother can show more incidents like you describe. It might end up that the father has less than fifty-fifty at the end of that fight.
Question: Does "vacation time" only pertain to non-school summer time and major holidays? Can a weekend day that is normally scheduled to the Mother become a vacation day for the Father if the Father gives ample notice (11 days) that he will be using that day as one of his alotted vacation days of the year? Thank you.
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Posted by Dads Divorce in Visitation , Visitation , time , school , schedule , responsibility , remarriage , Parenting , MO , custody , custody , child , Ask A Lawyer , activites
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Question: My ex-wife has primary physical custody of my 13 and 10 year old children. Every once in a while I have to travel for my job. I always offer to "trade" evenings if the travel falls on my visitation; however, my ex-wife is no longer happy with this remedy and demands that my current wife fill-in. My wife and I have tried to be flexible but since there are three other children involved it doesn't always allow for my wife to have all five children and get them to their evening activities, homework, etc. My question is, since my ex-wife has primary physical custody does this mandate that if I give her ample notice of my travel plans that she is the one who needs to care for my two oldest children? Answer: It depends on your court order. If your court order does not state the remedy in this situation, then I think you are the obligated parent to make sure that your children are cared for in your absence as it is your time and therefore your responsibility.
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