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