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

UPDATED: Mar 6, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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