Legal Question in Family Law in North Carolina
Are you present while you are asleep? In my custody papers it says no one may watch the minor child unless they have consent from both parents, family members or the parent. My ex put this in there so my fiance couldn't babysit for me while I worked. But now he has a night job and has his girlfriend is watching our child while he sleeps. Is he breaking our custody agreement? He says he is not because he is in the home while she's being watched.
1 Answer from Attorneys
Of course you are present while you sleep but who cares, that's not the issue. The issue is who's watching the child. I'd have to see the exact wording because "custody papers it says no one may watch the minor child unless they have consent from both parents, family members or the parent." is incredibly poorly drafted and if it is worded tht way it means 'a parent' can approve. Meaning your fiance could have been watching the child with your approval alone all this time - as well as his girlfriend.