Legal Question in Family Law in California
Does my ex have a say over who babysits my son?
I have joint custody over my son. I have to go out of town for 10 days. I planned on having my roommate/employee babysit for my son for my court ordered days when I was gone. My ex is saying that she will not allow him to stay with a babysitter. Does she have any right to determine who watches my son, on my court ordered days, when I am gone?
If she doesn't have any say, how can I confirm it so she doesn't harrass my roommate?
Thank you!
1 Answer from Attorneys
Re: Does my ex have a say over who babysits my son?
Many orders say that the other parent has the right to have the child before a babysiter is used. Usually this applies if the parent is going to be absent for more that a few hours. Why wouldn't you prefer that your children be with their mother when you are out of town? If you believe it is in your childrens best interest to remain in your home with a sitter then at the very least the court would probably give mother frequent phone contact. If you consider that harrassment you should probably rethink asking your friend to babysit for days. If your trip is eminent I would suggest that you allow mother to have the children this time and try to work out an agreement as to future trips. You may want to do some research on sample clauses that other people have used to cover this issue. Any agreement is going to be better than your current situation.