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Concerned44 · Feb 3, 2011, 03:32 PM

The Father has physical custody but both parents share legal custody. Father never told Ex-wife about his new job in Texas. Step Mom is acting as custodial parent in the absence of the Father Mon-Fri

Is Father in contempt? Shouldn't he have told the mom about leaving the kids and working in another state?
What rights does the non-custodial parent have?

cdad · Feb 3, 2011, 03:42 PM

What do your court orders say about situations like this? What is your current level of custody and when was it last changed?

Is the step mom a danger to the children ?

ScottGem · Feb 3, 2011, 03:53 PM

It depends on the nature of the job. It could be only temporary. It also depends on the terms of the custody order. And what type of relationship the children have with the step mother.

In an ideal situation, where divorced parents put the children above anything else, the father should have informed the NCP. But based on the tone of your post, I suspect he felt you (assuming you are the NCP) would make trouble if he did.

AK lawyer · Feb 3, 2011, 03:55 PM

Originally Posted by Concerned44

...
Is Father in contempt?

Not unless he has violated a specific term of the custody and visitaition order. Normally, a custodial parent can delegate custody to a baby-sitter, child care provider, etc. or, as in this case, a step-parent.

Originally Posted by Concerned44

...
Shouldn't he have told the mom about leaving the kids and working in another state?

If the order requires him to do so.

Originally Posted by Concerned44

...

What rights does the non-custodial parent have?

If she thinks the situation is somehow detrimental to the welfare of the children, she can ask the court to change the custody order somehow. What sort of change would she ask for?

Concerned44 · Feb 3, 2011, 05:01 PM

Thank you for your reply. This is the first time I encounter this. Dad has physical custody since Feb 27 2010. I found out about him working in Texas because his new lawyer told us.

Step mom is neurotic but not a danger to them because my sons are bigger than her. She has a gun (with permit) and that is the only concern I have.

{Merged Comments}

AK lawyer · Feb 3, 2011, 05:10 PM

Originally Posted by Concerned44

Step mom is neurotic but not a danger to them because my sons are bigger than her. She has a gun (with permit) and that is the only concern I have.

You probably don't want me to get on that soapbox, but the fact that she is armed seems like a good thing. She can more easily protect the home when the father is absent.

cdad · Feb 3, 2011, 05:17 PM

Originally Posted by AK lawyer

You probably don't want me to get on that soapbox, but the fact that she is armed seems like a good thing. She can more easily protect the home when the father is absent.

My soapbox too. Because Im hoping she practices good safety with it. Too many leave them laying around and even if the children are old enough to know better it's a great temptation to them in these times.

ScottGem · Feb 3, 2011, 05:44 PM

She probably isn't too neurotic if she got a gun permit.

AK lawyer · Feb 3, 2011, 05:53 PM

Originally Posted by califdadof3

My soapbox too. Because Im hoping she practices good safety with it. Too many leave them laying around and even if the children are old enough to know better its a great temptation to them in these times.

Originally Posted by Concerned44

... my sons are bigger than her. ...

If these boys are in their tweens or teens, it's time they learned about the safe handling of guns. Granted, OP has limited say in what goes on in her ex's home, but...