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I am wondering if it is legal for my kids dad to leave

I am wondering if...

I am wondering if it is legal for my kids dad to leave children at home alone all night. They are 7 and 10 and not mature.

Lawyer's Assistant: What steps have they taken? Have they filed any papers in family court?

None. I just found out that this is his plan for summer visitation.

Lawyer's Assistant: Family law varies by state. What state is he in?

He works at night

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Texas He is active duty military

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Answered in 6 minutes by:
4/4/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

In Texas, it is a felony to abandon a child under the age of 15 "in any place under circumstances that expose the child to an unreasonable risk of harm." Tex. Penal Code, Section 22.041. Leaving children home alone over night could fall within this definition.

You can file a Motion with the court, asking that you be allowed to take the children when the father is working, if he lives near enough for you to do that. You could also ask the judge to order that he come up with a suitable plan for child care while he is working, and that overnight visits be denied until he does. Leaving them home alone at that age is not sufficient. You can include specific examples that show why you do not believe the children are mature enough to be left home alone, in addition to their young ages.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
We live 3 hours apart and he is supposed to have them for summer visitation. Can that be denied if he doesn’t come up with a sufficient plan?

You need the judge's permission to deny his visitation, unless there is something in the court order that gives you that power. But you should have time to file a motion to let the judge know what is going on. And the judge can tell him to come up with a viable option. What he's proposing isn't viable.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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