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Great. Thank you for your question
I need clarification on just one point that you made in your question. You said "Mom owns a business and wants to hire my daughter at her place of business, essentially paying my child to violate the custody agreement." I'm not clear on how this would impose on your custody agreement. Would your daughter be on the job during your custody hours? If not, what's the problem?
Ok, I think that I understand the situation. Thank you for that explanation.
I notice that you take a bit longer than average to type. There is no rush, but that sometimes indicates that someone is writing from a tablet instead of a desktop or laptop... for example an iphone or ipad. Sometimes, people writing from tablets have technical problems leaving a rating for me when they are through, so if you would like to leave a positive rating for me once we are completely finished, I would very, very much appreciate it if you could just confirm that I was helpful, since it's the only way I can be compensated. That said, whether a minor works for compensation is a question of legal custody. You said that you had joint custody/visitation, and since is is unusual for either parent to have sole legal custody even if there is joint physical custody, I will presume that you have joint legal custody as well as joint physical custody. If that is a faulty assumption, please let me know.So where there is joint legal custody, a minor child cannot start working for compensation unless specifically ordered by the court or unless both parents agree.
Thus, if you have joint legal custody and if the court has not said that the mother can let the minor child work without the father's permission, then the permission of both parents is not necessary.
Furthermore, to be frank, it's pretty obvious what's happening in that sort of situation, and any court should be able to see right through it.
If "mom" wants to go to court and request a modification to the existing court order that permits the daughter to be employed by her 40 hours per week (which would ordinarily be a violation of state child labor laws if the child is under age 18), she can make that request, but it's pretty obvious what is really happening. Even if the court could somehow be persuaded that the child should be allowed to work, it doesn't have to consider that mom's custody time. If the daughter worked at Wal-Mart, it wouldn't be considered mom's custody time, so if the daughter is really working, why should it be considered mom's custody time if she is employed on dad's clock?
The child's wishes are a factor of consideration for a job, but that's true for physical custody and visitation as well. If the child wanted to just spend more time with mom even without the job, the court could consider that if mom made a straight visitation request. However, the child doesn't get to decide what is in her best interest---she just gets to provide her input.
Regardless, unless the court order allows one parent to make that legal custody decision, it takes the consent of both parents, and any change would require the mother going back to court.
Custody and support are decided in the same venue. It is all in the family courts.
If you contact the clerk of the family law division of your superior court, they can give you the forms that you need to request a change.
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