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Mom moved and is putting our son in a hotel with grandpa.

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Hd1

Junior Member
Mom and I share joint custody and equal parenting time per court order. Her and I have one son together, he is 14. She has two other children with her husband.

When we split up (12 years ago), she tried to move with him. The parenting evaluation when our son was school age recommended maintaining equal parenting time based on her moving back to our town and us living in the same town. The court order aligns with this.

She has moved an hour and half away now that one of her other children is school age. She still owns the house in our town to satisfy the court order but has been renting the house out on Air BNB.

Recently Mom has been renting the house during her parenting time and having our son stay in a hotel with his grandfather. I have offered to have our son stay with me if her house is not available to him but she did not reply. Also, her side of the family has been trying to persuade him to move to the other house / neighborhood.

When it's not rented during her parenting time, our son explains to me that his grandparents are there but she is rarely around during the school week since his sister started school near the other house and that he goes to the other house on the weekend when with Mom.


THE QUESTIONS:
Is any of this considered a "change in circumstance" or legitimate grounds to request a change to our schedule and parenting time?

Will any of this make a legitimate case to request right of first refusal?

Mom informed our son that the house will be rented when he goes back to her this week, he asked her to not rent it out since she promised she would not during the school year and explained that he will call me to pick him up if it is rented. Of course I want to support him since he should not be in a hotel but I also want to follow the rules / order. How can I protect myself when this happens?
 


LdiJ

Senior Member
Mom and I share joint custody and equal parenting time per court order. Her and I have one son together, he is 14. She has two other children with her husband.

When we split up (12 years ago), she tried to move with him. The parenting evaluation when our son was school age recommended maintaining equal parenting time based on her moving back to our town and us living in the same town. The court order aligns with this.

She has moved an hour and half away now that one of her other children is school age. She still owns the house in our town to satisfy the court order but has been renting the house out on Air BNB.

Recently Mom has been renting the house during her parenting time and having our son stay in a hotel with his grandfather. I have offered to have our son stay with me if her house is not available to him but she did not reply. Also, her side of the family has been trying to persuade him to move to the other house / neighborhood.

When it's not rented during her parenting time, our son explains to me that his grandparents are there but she is rarely around during the school week since his sister started school near the other house and that he goes to the other house on the weekend when with Mom.


THE QUESTIONS:
Is any of this considered a "change in circumstance" or legitimate grounds to request a change to our schedule and parenting time?

Will any of this make a legitimate case to request right of first refusal?

Mom informed our son that the house will be rented when he goes back to her this week, he asked her to not rent it out since she promised she would not during the school year and explained that he will call me to pick him up if it is rented. Of course I want to support him since he should not be in a hotel but I also want to follow the rules / order. How can I protect myself when this happens?
Yes, that is definitely a change in circumstances. Mom is only seeing him every other weekend and therefore that is a valid reason to try to modify parenting time. Does mom's parenting time start on a Friday or a Monday?
 

Hd1

Junior Member
Yes, that is definitely a change in circumstances. Mom is only seeing him every other weekend and therefore that is a valid reason to try to modify parenting time. Does mom's parenting time start on a Friday or a Monday?
Our parenting time cycles on Wednesdays. Mom's starts tomorrow, this Wednesday.
 

LdiJ

Senior Member
Our parenting time cycles on Wednesdays. Mom's starts tomorrow, this Wednesday.
Does your parenting agreement have anything in it about right of first refusal? You could keep the child until Friday, and then pick him up again on Monday, but I would not do that unless you were immediately filing to modify parenting time.

I don't think that anyone would be happy living in a hotel every other week.
 

Hd1

Junior Member
Does your parenting agreement have anything in it about right of first refusal? You could keep the child until Friday, and then pick him up again on Monday, but I would not do that unless you were immediately filing to modify parenting time.

I don't think that anyone would be happy living in a hotel every other week.
No, it currently does not include right of first refusal. Just to make sure we're on the same page, the hotel is only when the house is rented on her parenting time otherwise he is in the house with the grandparents on her week days. She rents the house for days at a time like a vacation rental and only recently (since December) has been doing this on her parenting time.
 

LdiJ

Senior Member
No, it currently does not include right of first refusal. Just to make sure we're on the same page, the hotel is only when the house is rented on her parenting time otherwise he is in the house with the grandparents on her week days. She rents the house for days at a time like a vacation rental and only recently (since December) has been doing this on her parenting time.
The hotel is not the only issue, the primary issue is that she is not spending that time with the child. If she isn't going to exercise her parenting time, the child should be with you, not basically living with his grandparents every other week.

You could get things changed to a plan more suitable to the distance. Mom getting every other weekend and a larger share of Summer.
 

LdiJ

Senior Member
Although Mom is allowed to share her time with extended family...
There is a difference between mom sharing time with extended family and extended family exercising the majority of mom's time...in a hotel on top of that.
 

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