• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Children's rights to sleep in only 2 homes, not 3?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

valgaino

New member
California

I have 50-50 custody with my ex. My children have been complaining about spending school nights at his girlfriend's
house. When they do so it means sharing a bed in a spare room, then a 20 minute drive to their father's house and a 10 minute bike ride (which is what they usually do from both my house and their father's house). I approached them about this stressor - and asked that they make sure that my kids spend school nights at their father's and near their school. I offered to have them sleep an extra night at my house if needed. His response is that he's in charge and the kids are fine and that they will make no promises to change (although he already promised our daughter)
Do I have any legal basis to insist that the children sleep near their school at one of their parent's homes on school nights?
 


Just Blue

Senior Member
California

I have 50-50 custody with my ex. My children have been complaining about spending school nights at his girlfriend's
house. When they do so it means sharing a bed in a spare room, then a 20 minute drive to their father's house and a 10 minute bike ride (which is what they usually do from both my house and their father's house). I approached them about this stressor - and asked that they make sure that my kids spend school nights at their father's and near their school. I offered to have them sleep an extra night at my house if needed. His response is that he's in charge and the kids are fine and that they will make no promises to change (although he already promised our daughter)
Do I have any legal basis to insist that the children sleep near their school at one of their parent's homes on school nights?
How many school days a week/month do the children sleep at other than mom or dad home?


ETA: How old are the children?
 

LdiJ

Senior Member
California

I have 50-50 custody with my ex. My children have been complaining about spending school nights at his girlfriend's
house. When they do so it means sharing a bed in a spare room, then a 20 minute drive to their father's house and a 10 minute bike ride (which is what they usually do from both my house and their father's house). I approached them about this stressor - and asked that they make sure that my kids spend school nights at their father's and near their school. I offered to have them sleep an extra night at my house if needed. His response is that he's in charge and the kids are fine and that they will make no promises to change (although he already promised our daughter)
Do I have any legal basis to insist that the children sleep near their school at one of their parent's homes on school nights?
Unfortunately no, you do not have a legal basis to insist that. Dad gets to decide what happens on his time, even if it makes him a somewhat craptastic parent.
 

cbg

I'm a Northern Girl
Do I have any legal basis to insist that the children sleep near their school at one of their parent's homes on school nights?

Not unless there is such a requirement in the custody/visitation order.
 

valgaino

New member
:( THat's too bad.
They are 9 and 11 (3rd and 5th grade). 2-2-5-5 schedule. They are often spending Friday, Saturday, and Sunday night's at the girlfriend's house on his days
 

Just Blue

Senior Member
:( THat's too bad.
They are 9 and 11 (3rd and 5th grade). 2-2-5-5 schedule. They are often spending Friday, Saturday, and Sunday night's at the girlfriend's house on his days
So 1 day a week. Not a biggie. Tell your kiddo's to suck it up...(not in those words...) :)
 

stealth2

Under the Radar Member
I don't see you getting far. Not with one day every two weeks:

2 - M/Tu @ MOM
2 - W/Th @ DAD
5 - Fr/Sa/Su/M/Tu @ MOM
5: - W/Th/Fr/Sa/Su @ DAD <- w/e they spend ONE school night at G/F's.

Really?
 

LdiJ

Senior Member
I don't see you getting far. Not with one day every two weeks:

2 - M/Tu @ MOM
2 - W/Th @ DAD
5 - Fr/Sa/Su/M/Tu @ MOM
5: - W/Th/Fr/Sa/Su @ DAD <- w/e they spend ONE school night at G/F's.

Really?
That is assuming that they do not also spend dad's Wed, Thurs both weeks there as well. One would think not from mom's description, but I don't think we can rule it out completely yet.
 

Zigner

Senior Member, Non-Attorney
That is assuming that they do not also spend dad's Wed, Thurs both weeks there as well. One would think not from mom's description, but I don't think we can rule it out completely yet.
It's rather irrelevant.
 

Just Blue

Senior Member
That is assuming that they do not also spend dad's Wed, Thurs both weeks there as well. One would think not from mom's description, but I don't think we can rule it out completely yet.
Except that OP stated that Sunday is the only school night:
:( THat's too bad.
They are 9 and 11 (3rd and 5th grade). 2-2-5-5 schedule. They are often spending Friday, Saturday, and Sunday night's at the girlfriend's house on his days
 

stealth2

Under the Radar Member
That is assuming that they do not also spend dad's Wed, Thurs both weeks there as well. One would think not from mom's description, but I don't think we can rule it out completely yet.
OP's post #6indicates they ONLY spend the w/e nights. So I believe, based on Mom's information, that my assumption is correct.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top