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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31663
Experience:  JD, 16 years legal experience including family law
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Hello, My spouse and I work at an auto factory where the

Customer Question

Hello,

My spouse and I work at an auto factory where the shift and hours change constantly. Her ex-husband also works and they have two kids together with joint-custody. In her divorce decree it states specific days for the ex to have the kids in regards XXXXX XXXXX what-was current work schedule at the time. Now the shift has changed and our shift at work is scheduled on Sunday and he is claiming that he is working sunday over-time. He is refusing to allow her to work sunday and due to a non-updated divorce settlement that consisted of specific days from a schedule back in 2009, he is refusing to cooperate and forcing my spouse to either call-in or find a baby-sitter last minute.

Please help!
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you know whether your spouse's ex is really working on Sundays? Pursuant to the current order of custody, who is supposed to have custody of the children on Sundays?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.


I don't know if my replies are being sent! I hope they are and I apologize if they're being received.

Expert:  Tina replied 1 year ago.
Hello again. No, I am sorry, but I have not received your replies, although I was waiting to hear from you. Please try posting your response again if you wouldn't mind. Thank you.
Customer: replied 1 year ago.

 


Article II. 1. Custody, Visitation and Support of the Minor Children


1. The parties shall have joint custody of the minor children however, Wife shall have the physical care, custody, control, and education of the minor children of the parties, subject to the Husband's rights of reasonable and seasonable visitation.


2. Husband shall have rights of reasonable and seasonable visitation including, but not limited to, the following:


a. Every Monday through Thursday from 3:00pm until 12:00 midnight


b. Every Friday from 3:00pm until Saturday at 3:00pm



 


Jacob: this is based upon the work schedule as of 2009 and the 2013 schedule changed from our crew: Mon-Tues 6pm-4:30am and Fri-Sun 6am-4:30pm.

Customer: replied 1 year ago.

Do you know whether your spouse's ex is really working on Sundays?


 


Yes - he sent a text to her phone stating specifically he is working over-time on sunday.


 


Pursuant to the current order of custody, who is supposed to have custody of the children on Sundays?


 


It is unstated. Assumes mandatory work-schedule from my perspective.

Expert:  Tina replied 1 year ago.
Thank you so much for the additional information. I am working on your answer now. Thank you for your patience.
Expert:  Tina replied 1 year ago.
Hello again,

Based on the father's visitation that you have provides, he does not have visitation on Sundays and since the mother is the custodial parent, it would typically be assumed that she would retain custody on the days not set aside for the father. So the father does not appear to be acting inconsistent with the court's order of visitation by not taking custody of the children on Sundays.

However, since the parents' work schedules have changed since the custody arrangement was entered, they could seek a modification of the order and the mother could also seek an increase in child support if she is having to incur additional child care expenses due to the change in schedule.

It is usually best to first try to come to a mutual agreement without involving the court, either through an attorney or mediator. Then a stipulation could be filed with the court indicating that the parties have agreed on a new custody/support arrangement. If this has been tried unsuccessfully, then a motion to modify the order of support and custody could be filed with the court wherein the court will decide the issues based on the best interests of the children and the state child support guidelines.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

what happens if he hreatening to call yhe cops if she goes to work and leaves the vhildren with him?

Expert:  Tina replied 1 year ago.
The police will not typically get involved in this custody dispute unless the children are being abused or neglected. In that case, child protective services could get involved. Otherwise, the police would normally inform the father that this is a domestic matter for which he could pursue in family court.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31663
Experience: JD, 16 years legal experience including family law
Tina and 3 other Family Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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