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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33219
Experience:  Began practicing Family Law in 1992
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I share custody of my 11 and 13 year old girls, 50/50 with

Customer Question

I share custody of my 11 and 13 year old girls, 50/50 with my ex-husband. Frequently, he travels all day for business, flying out of state, and leaves the girls unattended until late at night when his plane lands. He never tells me when this is happening or offers me the 1st right of refusal per our parenting agreement. I hear about it from my children. Do I have any legal rights to rectify this? Is this even allowable? Neglect?
Submitted: 9 months ago.
Category: Family Law
Expert:  JD 1992 replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 9 months ago.

Are the kids unattended when he is flying in late or are they with someone?

Customer: replied 9 months ago.
Unattended, usually until between 10pm - 1am.
Customer: replied 9 months ago.
The 13 year old is at dance until 930. Leaving the 11yr old alone to walk home from school at 245 and be alone until 915p
Expert:  JD 1992 replied 9 months ago.

Be right with you.

Expert:  JD 1992 replied 9 months ago.

Sorry about the delay.

The judge will say that is too long or the children to be by themselves. I don't think it is going to reach the level of "neglect" mainly because anyone in the justice system as seen so many kids that have been in horrible conditions and this isn't to that level.

What you should do is file a Motion to Modify and ask the judge to set specific boundaries as to how long the children can be alone, who will watch them, that you should have first right to watch the kids, etc.

You do have to file and get a court order for it to be enforceable. I really don't see any chance that the judge will deny the request because what you are asking is reasonable and in the best interest of the children.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.