Is my employer required by law to comply withthe visitation agreement as set forth in my divorce decree?

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Is my employer required by law to comply withthe visitation agreement as set forth in my divorce decree?

I pay my support and the issue isn’t with her. It is with my employer. I have worked every weekend, Friday, Saturday and Sunday since Christmas. Based on this I have had one hour of visitation with my 16 year old since Christmas.

Asked on March 6, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, your employer is most definitely not required by law to comply with your visitation agreement. The visitation agreement is between you and your former spouse (or the child's other parent, if you were never married). That agreement has no legal effect on any other human being or entity, including your employer; agreements only bind those who are actually parties to them, and presumably, your employer is not a party to the visitation agreement (e.g. did not sign it, is not named in it, etc.). In addition, employers have a right to set the hours and schedules of employment, without regard for the impact on their employee's lives. Therefore, for both reasons, you employer is not required to accomodate your visitation agreement.


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