Physical Custody

[StayGravity]

What is the name of your state (only U.S. law)? Alabama

Custody order states:

Mother shall have the primary physical custody and control of the minor child.

During the school year the Father shall have the right of visitation as follows:
Every other weekend from Friday at 3 PM to Monday at 3 PM and Father is to take the minor child to school on Monday Morning.
One week every month from Friday at 3 PM to the following Friday at 3 PM.
All other times as the parties agree.

Father shall have the general custody and control of the minor child during the summer months from the time school is dismissed until school resumes subject to the right of visitation on the part of the mother as follows:

Every other weekend from Friday 3 PM to Monday at 3 PM and one week every month from Friday at 3 PM to Friday at 3 PM.

All other times as the parties agree.

Here is my question. If the mother during her physical custody period is leaving the minor child in the care of a family member other than myself during extended periods of time, can I legally keep him during these periods without her permission? Then when she arrives back bring the minor child to her.

I have been searching case law in Alabama for this and I can't seem to find anything that is close to this situation. I didn't post this in my other thread due to it being closed.

 

[Zigner]

If this is not addressed in your court order, then no.

 

[Proserpina]

What is the name of your state (only U.S. law)? Alabama

Custody order states:

Mother shall have the primary physical custody and control of the minor child.

During the school year the Father shall have the right of visitation as follows:
Every other weekend from Friday at 3 PM to Monday at 3 PM and Father is to take the minor child to school on Monday Morning.
One week every month from Friday at 3 PM to the following Friday at 3 PM.
All other times as the parties agree.

Father shall have the general custody and control of the minor child during the summer months from the time school is dismissed until school resumes subject to the right of visitation on the part of the mother as follows:

Every other weekend from Friday 3 PM to Monday at 3 PM and one week every month from Friday at 3 PM to Friday at 3 PM.

All other times as the parties agree.

Here is my question. If the mother during her physical custody period is leaving the minor child in the care of a family member other than myself during extended periods of time, can I legally keep him during these periods without her permission? Then when she arrives back bring the minor child to her.

I have been searching case law in Alabama for this and I can't seem to find anything that is close to this situation. I didn't post this in my other thread due to it being closed.

Question has been asked and answered a few thousands times, actually.

Unless you have ROFR (which applies to both of you, btw) either one of you is allowed to leave the child with a sitter during your respective parenting time without interference or interruption by the other parent.

 

[Nevergrowup]

What is the name of your state (only U.S. law)? Alabama

Custody order states:

Mother shall have the primary physical custody and control of the minor child.

During the school year the Father shall have the right of visitation as follows:
Every other weekend from Friday at 3 PM to Monday at 3 PM and Father is to take the minor child to school on Monday Morning.
One week every month from Friday at 3 PM to the following Friday at 3 PM.
All other times as the parties agree.

Father shall have the general custody and control of the minor child during the summer months from the time school is dismissed until school resumes subject to the right of visitation on the part of the mother as follows:

Every other weekend from Friday 3 PM to Monday at 3 PM and one week every month from Friday at 3 PM to Friday at 3 PM.

All other times as the parties agree.

Here is my question. If the mother during her physical custody period is leaving the minor child in the care of a family member other than myself during extended periods of time, can I legally keep him during these periods without her permission? Then when she arrives back bring the minor child to her.

I have been searching case law in Alabama for this and I can't seem to find anything that is close to this situation. I didn't post this in my other thread due to it being closed.

Do you have FROR (First Right of Refusal) in your order?

 

[StayGravity]

Do you have FROR (First Right of Refusal) in your order?

Unfortunately no. I have asked her to give me FROR many times to no avail. I didn't even know FROR existed 3 years ago. It has not been until the last year and a half that I started stepping up and looking at what others have done and that so much more detail existed than I knew about.

I have given her FROR trying to try and encourage her to do the same.

I was asking for FROR before I even knew that term.

 

[Nevergrowup]

Unfortunately no. I have asked her to give me FROR many times to no avail. I didn't even know FROR existed 3 years ago. It has not been until the last year and a half that I started stepping up and looking at what others have done and that so much more detail existed than I knew about.

I have given her FROR trying to try and encourage her to do the same.

I was asking for FROR before I even knew that term.

Then you are probably out of luck, unless you want to go back to court, and even then it may not be ordered.

 

[gam]

How do you know mom is leaving the child with a family member? How long of a period is she leaving the child?

 

[StayGravity]

Then you are probably out of luck, unless you want to go back to court, and even then it may not be ordered.

I have a court date set for a custody hearing and other things.

How do you know mom is leaving the child with a family member? How long of a period is she leaving the child?

She said so under oath. According to her, days or even weeks at a time depending on her work schedule.

 

[The_Non-Mom]

She said so under oath. According to her, days or even weeks at a time depending on her work schedule.

How is it weeks at a time if you have visitation at least every other weekend and for an entire week each month?

 

[StayGravity]

How is it weeks at a time if you have visitation at least every other weekend and for an entire week each month?

If you can't take a calendar and figure out that during a month their may be 12 days between visitation periods I feel for you. Think about if you just had every other weekend how many days are there.

I'm trying for real legal advice and am trying to be non confrontational.

@thegeekness. If you just want to try and push my buttons and not have meaningful discussion, do us all a favor and give your keyboard a rest.

 

[CJane]

12 days does not = weeks. Just so you know.

 

[StayGravity]

12 days does not = weeks. Just so you know.

 

[Proserpina]

If you can't take a calendar and figure out that during a month their may be 12 days between visitation periods I feel for you. Think about if you just had every other weekend how many days are there.

I'm trying for real legal advice and am trying to be non confrontational.

@thegeekness. If you just want to try and push my buttons and not have meaningful discussion, do us all a favor and give your keyboard a rest.

If you hadn't been such a twerp prior to this, you'd probably receive a tad more help.

Now. Because it's the season of goodwill and all that, you get another shot.

How often and for how long - and I mean EXACTLY, I don't want your exaggeration or intwerpretation - is Mom leaving kiddo with someone else?

Say during the past 6 months.

There IS a reason why I'm asking. And depending on how you answer, my next response might make you love me.

 

[StayGravity]

If you hadn't been such a twerp prior to this, you'd probably receive a tad more help.

Now. Because it's the season of goodwill and all that, you get another shot.

How often and for how long - and I mean EXACTLY, I don't want your exaggeration or intwerpretation - is Mom leaving kiddo with someone else?

Say during the past 6 months.

There IS a reason why I'm asking. And depending on how you answer, my next response might make you love me.

This started in late September. Her sister started being the one to drop the child off and pick the child up at the meeting point. To be exact she leaves in the morning and doesn't come back for a minimum 4 days. This happens every week. She started driving for a trucking company.

 

[Proserpina]

This started in late September. Her sister started being the one to drop the child off and pick the child up at the meeting point. To be exact she leaves in the morning and doesn't come back for a minimum 4 days. This happens every week. She started driving for a trucking company.

Okay. So she's actually absent the entire 4 days and nights? Every week? And this is a permanent position?

If you can answer yes to those questions, that would likely constitute a significant change in circumstance in terms of modifying custody.

It might seem like a silly question, but are you able and willing to be the primary parent here?