Legal Question in Family Law in Indiana
Parenting Time by Non Custodial Parent
I have at least 2 known times where my almost ex-husband has left our 8 year old son with his 98 year old mother (she's not in the greatest of health) to take care of when he could have made alternative arrangements with me. I believe that my son has been at risk both physically and emotionally by these decisions. How do I go about getting this reported and in front of a judge? (Our divorce isn't final yet)
1 Answer from Attorneys
Re: Parenting Time by Non Custodial Parent
I would think that any judge would be critical of leaving a child with a 98 year old woman. Your attorney can direct you whether you should file a motion or not. I would advise you to talk to your husband about your concerns before filing anything.
The "right of first refusal" is also a common sense question, and I do not advise clients to make a big stink about it unless it happens repeatedly ( 2 or 3 times a year does not qualify), or for lengthy periods with unrelated persons. (Again, spending time with a grandparent who is able to care for a child a few times a year is not unreasonable).
Good luck.
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