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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24870
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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What rights do I have as a single father whose wife ranoff

Customer Question

What rights do I have as a single father whose wife ranoff with another guy. She wants a separation and feels that I have to take my son who lives with her whenever she wants me to claiming I have a parental responsibility and therefore shouls be there whenever she feels I should.
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Pro replied 8 years ago.

A parent can't be made to take custody of the child(ren).

 

I would recommend filing a custody action and thereby establishing a custodial order as to custody/visitation that both parents have to adhere to - if one parent continually violates the order or is unreasonable in carrying out the order then the other parent has the ability to obtain primary custody.

Customer: replied 8 years ago.
We have agreed that she will have primary custody of my son and I will have primary custody of my daughter. That has been settled and we have also agreed upon a schedule for visitation on my part. She feels that I should basically be on call whenever she has a problem with him and should take him whenever it gets to be too much for her or if she needs help with him being as he is a special needs child. What do I do? Do I help her and set a president for being on call for her? Or do I just stick to the agreement we have in place?
Expert:  Law Pro replied 8 years ago.

That's a really tough question - you want to be there for your child but you don't want to be on constant call - it's really a judgment call on your part. I would be ignorant of your situation of I told you otherwise. I can't answer that one for you.

 

Legally, if you are on call for her, keep a diary of all happenings just to protect yourself later and to remember dates and events. You don't set any legal precedents if you take him or not as per the agreement - it's just the relationship between it all.