Legal Question in Family Law in Alabama

First Choice Babysitter?

I am divorced and remarried. I have custody of my 16 year old daughter and have two step daughters with my Elementary School teacher wife.

My divorce decree read that each parent shall be first choice babysitter.

My problem is that when I go out of town overnight on business, my EX demands that my 16 year old daughter go to her house. My 16 year old doesn't want to go and I don't consider a step mom a babysitter. My 16 year old has went so far as to call the police to prevent her ''mom'' from taking her from her home on non-visitation days...

My EX says she is taking me to court. Is it wrong for me to not be forcing my daughter to go live with her mother if I am out of town?

Thanks.


Asked on 2/05/04, 1:47 pm

1 Answer from Attorneys
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: First Choice Babysitter?

I tend to agree with you. I would not classify a stepmother as a babysitter. I would need to read the decree to give a more definitive answer to your question. There is nothing that you can do to prevent her from taking you to court if she wants to do so, but I do not think that you necessarily need to send your daughter over there everytime you are out of town on business. I do not think that is reasonable. I would recommend that you meet with an attorney in your area. If you are in the Mobile area, you can call me at 251-450-0111 to set up an appointment for a free consultation.

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Answered on 2/05/04, 7:01 pm


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