My ex and I have been divorced since 2010. We have a separation agreement and share custody of our 12 year old son 50/50. I have been laid off from my job due to site closure at the end of this month. I have an opportunity to do 3-5 weeks of work after site closure for a company in Wilmington, and plan to pursue that opportunity. During that 3-5 week period, I’ll spend the work week in Wilmington and will drive home on weekends.
I emailed my ex to let her know, and explained that our son can stay at my house during my custody weeks with my fiancé (we have lived together for 1 year, been together for 3.5 years, engaged for 1 year, and will get married in October of this year). My ex doesn’t want that, and wants my son to stay with her while I’m gone during the week instead.
Do I have the right to refuse my ex’s demand, or am I required to have my son stay with her during the work weeks I am in Wilmington? My fiance has filled a motherly role in our home for the last year, and I’d like for that to continue while I’m out of town if possible. Let me know and thanks!
If the custody schedule cannot be followed while you will be working out of town, then it will have to be amended. Your son is not required to stay at your house during your weeks if you will not be there. And in your case, the schedule cannot be followed because you as the parent will be out of town on business.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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