What can I do if my ex has the kids for 5 weeks during the summer but has sent them to live with a relative who lives over a 100 miles away during the week?

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What can I do if my ex has the kids for 5 weeks during the summer but has sent them to live with a relative who lives over a 100 miles away during the week?

She stated she did that because she has no one else to care for them. I am concerned that this is an issue of well being, because the person is partly disabled. Do I have grounds of to file a contempt of custody hearing based on our share time and the lack of adult supervision that the kids are having?

Asked on June 17, 2015 under Family Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Two factors will control what you can and cannot do.

The first is the final order.  If the order allows her to designate "any competant" adult to care for the kids, then she can.  Neither parent is required to have the kids in their care 100% of the time.... especially in this day and age with the reality of working parents.  If the final order says that neither of you can designate someone else to care for the kids, then she would be in contempt.

The second factor is the ability of the person she designates to provide the care for the children.  A disability will not disqualify someone from being an appropriate care-giver automatically.  Many disabled parents are able to care for their own children.  If the needs of the children are not being met:  food, clothing, safety.... then you could file a motion to modify the final order so as to exclude this person as a caregiver.  She would only be in contempt if she refused to find an appropriate caregiver after this one was disqualified.  In the meantime, if you have additional reasons to believe the children are in danger, then you need to call in a complaint to the children's protection agency where the children are located so they can check up on the safety of the kiddos.  This will at least give you some immediate relief or peace of mind.

 


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