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Does this constitute a change in circumstance?

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mistoffolees

Senior Member
IMO, a lot depends on the entirety of the situation. How long are we talking about? What sort of area do they live in - are their close-by neighbors who know the 9yo is watching a younger sibling for a short period of time? How old is the younger child? How mature is the 9yo?

Some 15yos aren't mature enough to get themselves to school, let alone a younger sibling, while some 9yos are more than able to do so. LOL My youngest was more than able to do so at 9 - more than her older brother. I had occasions when I had to be in to work early, and she would be in charge of making sure her brother got out of the house and on the bus, and then get herself going an hour later.

At the end of the day, until and unless something happens, it is not likely to cause alarm.
Personally, I would never leave a 9 year old home alone for more than a few minutes, much less watching a younger child. In my mind, that might rise to the level of neglect and I would absolutely contact that authorities to discuss it.

But I don't think that change the legal response. Unless the child is in danger, it is unlikely that OP will get a change of custody on this basis. And if the child IS in danger, OP should contact the authorities.
 


stealth2

Under the Radar Member
I totally agree with you that it depends on the child - but we are talking A CHILD here. A 9 year old isn't even close to an adult. They just haven't had the life experiences to be able to handle taking care of a child for a whole day, no matter how mature they are. Taking care of themselves - maybe. But a child?? I can see why OP is perturbed.
And where do you get that the 9yo is watching OP's child for the WHOLE day? Seriously - he posts:

Found out today that our child is being watched after by her 9 year old sister; she gets her ready in the morning for school and watches her until mom comes home from work in the evening. Sometimes they ride with friends, sometimes they walk.
That is hardly a whole day. Hence why the exact amount of time matters.

Shall I pour you another cup of extra strong coffee? :p
 

LdiJ

Senior Member
If that....
As far as the morning is concerned I bet its less than 30 minutes, and as far as after school is concerned it could be as little as an hour and as much as 3.

There also could be a neighbor across the hall or next door who is watching out for the children even if not taking care of them directly. Or maybe it only happens 1 day a week, or only happened once due to a conflict. Dad did not give us the source of his information.
 

Zigner

Senior Member, Non-Attorney
Actually, the OP only stated that the 9yo gets the child ready in the morning and actually watches the child in the afternoon. That could simply mean that mom sleeps in.
 

olhobbes

Member
As far as the morning is concerned I bet its less than 30 minutes, and as far as after school is concerned it could be as little as an hour and as much as 3.

There also could be a neighbor across the hall or next door who is watching out for the children even if not taking care of them directly. Or maybe it only happens 1 day a week, or only happened once due to a conflict. Dad did not give us the source of his information.
Mom is out of the house from 5am to 6pm, M, T, W, Fri ( school is 8:05 to 2:20 ). This comes straight from mom. My child has told me that there is no adult there until mom gets home, and that her sister gets her ready for school. And while yes, "the words of a child", but I have reason to trust what she's told me ( there is a past history with mom related to that ).

It would seem the best course of action here would be to find a way to get mom to accept the child care help I have been offering. Which, I don't know how I'll do that, but it beats all the other options I can see.
 

Humusluvr

Senior Member
And where do you get that the 9yo is watching OP's child for the WHOLE day? Seriously - he posts:



That is hardly a whole day. Hence why the exact amount of time matters.

Shall I pour you another cup of extra strong coffee? :p
I need to go back to bed. Reading comprehension problems, which is not good in my line of work.

Then I'll take the coffee.
 

Ohiogal

Queen Bee
Mom is out of the house from 5am to 6pm, M, T, W, Fri ( school is 8:05 to 2:20 ). This comes straight from mom. My child has told me that there is no adult there until mom gets home, and that her sister gets her ready for school. And while yes, "the words of a child", but I have reason to trust what she's told me ( there is a past history with mom related to that ).

It would seem the best course of action here would be to find a way to get mom to accept the child care help I have been offering. Which, I don't know how I'll do that, but it beats all the other options I can see.
Your child can be extremely truthful HOWEVER being a latchkey child is NOT the end of the world. I was a latch key kid at 7. With a younger brother. He and I were home alone every day and when I was 15 we were left alone OVER NIGHT together. Seriously, depends on the child.

And before anyone says, the world is more dangerous now -- no, it is not. In fact, one could argue it is safer. There are cell phones, sexual offender registrations, and various other things that we did not have when I was a latchkey kid.
 

olhobbes

Member
Your child can be extremely truthful HOWEVER being a latchkey child is NOT the end of the world. I was a latch key kid at 7. With a younger brother. He and I were home alone every day and when I was 15 we were left alone OVER NIGHT together. Seriously, depends on the child.

And before anyone says, the world is more dangerous now -- no, it is not. In fact, one could argue it is safer. There are cell phones, sexual offender registrations, and various other things that we did not have when I was a latchkey kid.
Ya, I know. Same when I was a child, and worse ( staying out and roaming the neighborhood until 9pm at night at age 8? Yup ). Of course, the wheel HAD just been invented, so times might have changed a bit.

I'm just not comfortable with the setup, especially when viable alternatives exist ( aside from changing her school back to somewhere close to me so I can be present before and after school, that is. Which seems the best option to me ).
 

LdiJ

Senior Member
Ya, I know. Same when I was a child, and worse ( staying out and roaming the neighborhood until 9pm at night at age 8? Yup ). Of course, the wheel HAD just been invented, so times might have changed a bit.

I'm just not comfortable with the setup, especially when viable alternatives exist ( aside from changing her school back to somewhere close to me so I can be present before and after school, that is. Which seems the best option to me ).
While changing her school back to somewhere near you seems to be the best option to you, its really the least viable option legally. Its questionable whether or not the judge would have a problem with the children being latchkey kids, and the most likely result would be the judge ordering mom to put them in daycare if he/she did have a problem with it.
 

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