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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27284
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My sister and her ex husband have joint custody of my

Customer Question

Hello, my sister and her ex husband have joint custody of my niece who is 5. The father is in the air force and sometimes will be on assignment most if not all of his week of visitation therefore won't even see my niece while she's there. He is living with his girlfriend (whom he had affair with while married to my sister) who he leaves in charge of taking care of my niece during his appointed time. How can he deny my sister from keeping my niece while he isn't even present during his time? Isn't that alienation or something? Can she modify the agreement since he's not even the one taking care of her?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Good morning. I certainly understand the situation and your concern. Yes, she can. She can go back to court and essentially ask the judge to give her a right of first refusal. By that, I mean if the father has the child for his court ordered visitation but will not be present to take care of her on his own then your sister would get the child before anyone else. This is not a situation where he is married to her and she is just his girlfriend so there is no need for the child to be left with her when the father is on assignment since the purpose behind the visitation is to give the Father Time with his own child.
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help so just let me know.

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