There is no abaolute “legal” answer to your question. You should site down with the other parent and come to a new agreement on this issue. If you have trouble talking then consider using a mediator to help.
Don’t wait for the misunderstanding to get out of hand.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Thanks for the quick response!
When my separation agreement was signed five years ago my ex and I were both single (obviously). In our papers there’s a section that states that the other parent should be contacted to provide care for the children if the custodial parent (for that day) cannot, prior to contacting a third party. Over the years we’ve made that a “if it’s more than 2 hours” rule. Since then, I have been married (almost 2 years now), my ex has not although he came close 2 years ago.
The question is this, where does the step-parent come into this equation? For example, I had to work recently and my husband did not. The kids didn’t have school due to snow, so they stayed home with him (their choice) rather than go to a daycare program. My ex says that I should have contacted him to pick them up in the morning, that it was his right to have them, and that my husband has no legal standing in our agreement (of course he’s not mentioned in the agreement, he didn’t exist then!) I say that custody doesn’t change till the end of the day when he would have gotten them had there been school, and that my husband had a right to keep them since it was my day as far as our custody agreement goes.
The ex also has his parents/mother keep the kids on a regular basis (overnight even)without consulting me.
Any advice would be greatly appreciated, both legal and from other parents in the same situation!