QUESTION
mom is at work every time she has her son..can dad do anything about that??
Asked on Dec 07th, 2015 on Child Custody - Wisconsin
More details to this question:
My step-son's mother has placement of him every weekend. We have been finding out that she works 3rd shift every weekend. So my stepson sits at hers and her boyfriends house alone with her boyfriend and his 3 half siblings. We have no issue with it except that he's not getting any time with mom. When the papers say he is to be with dad any time he is Not with mom. Well technically he's not with mom because she isn't there. When she is she is normally sleeping. So we wanted to know if there's anything that can be done about that short of going back to court. Just so that maybe he doesn't have to go if he doesn't want since he goes to see mom.
1 ANSWER
4 Awards
If the custody papers allow the right of first refusal, than the mother is in contempt by not allowing the child to be with dad during her periods of placement when she is at work. The dad can file a contempt motion against the mother on this issue. If there is no right of first refusal, than his options would be to file a motion to modify the placement schedule to allow mom placement time when she is not at work so she can spend the time with the child.
Answered on Dec 08th, 2015 at 12:51 PM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com