My question involves a child custody case from the State of: Indiana
My then spouse and I have resided in the home with my parents for a period of approx. 5 years. My mother has been the primary child care provider as we both work full-time. We are currently going through a divorce after my discovery of my spouse living a secret second life. My job requires me to travel on occasion (approx. 1 week every 2-3 months). My attorney said that there is a law that states if the children reside in a home with a blood relative the children can be cared for by this relative during time in which the custodial parent travels. My to be ex and his attorney are fighting that Right of First refusal trumps this law (or case). If the children wanted to go with him I would have no issue with it however the children do not wish to go with him and look at it as a punishment when I have to travel. Additionally he has reduced my child support order stating that our son is 12 and is not in need of child care while we work. If the child is not in need of childcare then how does the right of first refusal work if the child is old enough to care for himself/herself? I don't want to completely disrupt my children's life because of this divorce. When I was married and traveled he did not provide care for the children my parents did.
My then spouse and I have resided in the home with my parents for a period of approx. 5 years. My mother has been the primary child care provider as we both work full-time. We are currently going through a divorce after my discovery of my spouse living a secret second life. My job requires me to travel on occasion (approx. 1 week every 2-3 months). My attorney said that there is a law that states if the children reside in a home with a blood relative the children can be cared for by this relative during time in which the custodial parent travels. My to be ex and his attorney are fighting that Right of First refusal trumps this law (or case). If the children wanted to go with him I would have no issue with it however the children do not wish to go with him and look at it as a punishment when I have to travel. Additionally he has reduced my child support order stating that our son is 12 and is not in need of child care while we work. If the child is not in need of childcare then how does the right of first refusal work if the child is old enough to care for himself/herself? I don't want to completely disrupt my children's life because of this divorce. When I was married and traveled he did not provide care for the children my parents did.
Custody and Visitation Issues: Right of First Refusal vs. Blood Relative Living in the Same Home As Child
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