Quote:
Originally Posted by
Goodmom2008Â

Not the first time, but if it happens repeatedly, then, yes, a judge will do something about it. When it is her parenting time, she is legally responsible for the child, even if he is a 14 year old and not an infant. If the father wants to change the parenting time, he needs to COMMUNICATE that to her. And not just disregard a court order. Which he just may start doing if he realizes that he can get into legal trouble (which he can) for doing. It's not making a mountain out of a molehill, it's setting a precedent that if they are going to deviate from the court order, they must COMMUNICATE AND AGREE to do so.Â
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Doing nothing sets the precedent that it's okay not to communicate a change or agree to it. It can just be done at a whim.  Seriously.
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I'm pretty sure that if a child is with their FATHER (you know, one of the PARENTS), even if its not his "court ordered parenting time", and something happened to the child, the father would be responsible. And yes, you are technically correct about the whole contempt thing - but NO judge is going to mess with that b/c they don't want to set a precedent that parents go to jail for spending some time with their children. And they aren't going to want to listen to parents squabbles over a few hours when mom is at work and ds is supposed to be home alone. All the judges I've seen would be seriously annoyed if I went to court with that. Even when it involves my 2yo - if ds was dropped off a few hours late to daycare, the judge wouldn't give a damn. Technically, I would have recourse, but not in reality.
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I agree that it needs to be communicated. Completely. But telling the father, "If you keep DS after 9am SHARP the morning after your visitation, I'm going to go to court and file contempt charges and have you put in JAIL if you don't tell me and ask permission!" mommy is going to look like a LUNATIC. And if she goes to court over stuff that small often enough, the visitation/custody could be changed in the fathers favor.Â
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And don't forget, the OP's son is home alone all day while she's working. The dad would have a reasonable argument that its unsafe to leave a 14yp unsupervised for that long, and he could argue (probably successfully) that the child was better off in his care during that time than at home alone fending for himself.Â
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I don't think there is anything wrong with a 14yo being home alone, but every argument has a counter-argument, and a son spending the day with his dad rather than alone isn't that terrible. The OP's ds, or her ds's dad NEEDS to tell her whats going on - but there is absolutely no reason for the OP to threaten legal action as it would very likely count against her.
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OP - you should start a policy that when your DS gets home from dad's he calls you immediately so that you know he made it home, and that he got into the house ok. Also tell him to keep you informed of where he is - this really isn't that big of a deal - just someone needs to tell you where DS is, right? It doesn't matter who, and if you start instilling in your ds that you need to know where he is, and that he needs to inform you of where he is, I think that would be a good thing for later on when he's driving and such.
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