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Non-Custodial Parent regulating custodial parent?

My childs father who is non custodial parent, is filing to receive full custody since while i was receiving chemotherapy i allowed child to stay the night at her grandparents house on days i received chemo. Obviously i did not want my daughter to witness how terrible i felt. The grandparents stay was during my parental time with her and did not effect his parental time with her. He is claiming that i am unfit and any time the child is not in my presence he should have her including any sleepovers the child wants to attend on my time with her. I have never stopped him from seeing her or refused him his ordered time with her. My daughter is 13 and i feel that if she wants to stay the night at her grandparents house on my time, she should be allowed to without there being a threat from the father for legal resolution. Do you think he has a leg to stand on and the judge will grant custody. I continued to work and was able to take care of my children the entire time i was on chemo.

Update:

I thought that i had read as long as the child wasnt being verbally, physically or mentally abused in any way by the grandparent then the child should maintain frequent visitation with grandparents.

Update 2:

Thank you everyone for your quick responses.

Update 3:

Thanks browneyed. I have been upset all day over this situation. I do feel better though

12 Answers

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  • 1 decade ago
    Favorite Answer

    Na no worries he will look like a cold hearted, idiot when he attempts to use this in court.. u have the right to have whomever u choose to babysit your child on your time with the child.. just as he has the right to choose which babysitter he'd like to use on his time.. its not like u left the child with your parents for months on end it was a night here night there and it was for good reason.. he's trying to take advantage of the fact that your ill and grasping at straws.. he doesnt have a leg to stand on, i wouldnt be concerned, he's an azz and he wont win.. dont worry about it... he'd have to prove that you were neglecting your child , that u were incapable, etc non of which did u mention.. he's going to look like the idiot he is.. dont even let him intimidate u.. and any lawyer that he hires is either just after his money or would tell him he has zero chance of winning..

  • No, he has no leg to stand on.

    You did the responsible parental thing and let your parent's babysit for you while receiving a nessesary medical treatment...letting her stay overnight occasionally at her grandparents' home reguardless of the reason, on your parental time is none of his business...the fact you had a legit reason even more so...

    The Courts will determine in the child's best interests...having quality time with her grandparents can only enrich her life....IMO under these circumstances it is proof to the Courts that you are not only a responsible parent but you make decisions based on the best interest of your child....it is not in any way shape or form an indication that you are unfit.

    Since you were able to work and care for her despite the cancer treatment, no one can say that the illness rendered you unfit as a parent.

    If he tries to say that your illness renders you unfit, then ALL parents who are facing ANY kind of illness are unfit and that is nonsense.

    If he goes through with this BS, insist that a legal guardian be appointed to your daughter..it is THEIR evaluation of the situation that weighs heavy with the court, not your ex's rediculous say so.........

    ..and your ex will have to proove to the satisfaction of the Court that you are an unfit parent-aint gonna happen.

    Sounds like he is trying to keep your daughter away from her grandparents..if he can't give a good enough reason why, the Courts will NOT consider his request in fact he just may tick off the judge....these judges can smell BS a mile away, they know when a parent is bringing an action to them out of genuine concern...and when they are playing games/ being revengeful...don't worry and good luck.

  • 1 decade ago

    I doubt any judge would change a custody order over this, but it may not be quite as clearcut as you think. I say this because, in some cases, the custody papers include provisions that the other parent should be notified if the child is staying anywhere besides with her mom/dad (among other things, this can be put in there in case of emergency and the child has to be located). So when you say the child should be allowed to stay with her grandparents whenever she wants, this may not be true from a legal standpoint.

    I'd talk to your attorney. Judges are very reluctant to override existing custody papers unless there's valid reason (like the child was in danger or neglected) so in that sense I'd think you'd be fine. But you may need to do a better job keeping dad in the loop.

  • Liam M
    Lv 4
    1 decade ago

    I live in Ohio, USA. Here a mother has to be proven unfit in order to lose custody. Spending an occasional night with grandparents should be seen as strengthen the family, not as a problem. I doubt if any judge would grant a change of custody based on just this.

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  • 1 decade ago

    He's going to lose. You aren't unfit. You make sure that your child is being taken well care of when you aren't feeling well. Your ex is using your illness as an excuse to try to get custody of your child and by doing so, he won't have to pay child support anymore. Chances are, it's the child support he's more concerned about then the welfare of his child.

    I wouldn't worry about losing your child to this heartless man. Check with the laws in your state. Some states give a child the right to choose which parent they want to live with when they're 12 years old and other states require the child to be 14 years old.

    Tell your ex that it would be better for the two of you to try to get along with each other then for him to start a war with you over this child. Mention to him that since he's paying child support, and he's taking you to court, then maybe it's time for the court to check on his current income and see if it's time for his child support payments to be increased. Let him know, that if he's going to stir up trouble, you don't intend to just sit back and take it. Just make sure you don't include your daughter in this fight with your ex.

  • Lynn
    Lv 5
    1 decade ago

    He doesn't have a prayer. I wouldn't stress over this one bit. Let him spend a ton of money fighting a loosing battle. It's up to you where your child goes when she is with you. He has no say so, and I'm sure the grandparents are fit and capable of providing her a safe environment to stay in. When she is with him, do you tell him where she can and can't go? My guess is..probably not. It would be like him trying to tell you that she can't go to a slumber party. Don't let him scare you into to being pushed over. Just continue to take care of your daughter the way you have been. You sound like a great parent, and I wish you and your daughter all the best.

  • Phedre
    Lv 4
    1 decade ago

    First, I think that this could totally depend on what your child visitation agreement states. But your daughter is also 13 and her wishes will also be taken into consideration if this goes to court

    You should talk to a lawyer before this goes to court. I do not think the judge will grant him custody.

  • 1 decade ago

    He has no case...he will have a difficult time proving you unfit. At 13, your daughter can sleep at her grandparent's house. Now if she was spending 90% of her time with them, that might be a different story.

  • 1 decade ago

    Your ex doesn't have a legal argument. You however, have a jerk for an ex [but I'm sure you knew that]. I am also a cancer survivor so "Stay Strong Sister". Consult with an attorney about your situation, given the circumstances the courts will be very sympathetic towards you and will probably see your ex for what he is.

  • 1 decade ago

    It is your choice if they spend the night with their grandparents during your time. On that argument alone, he has no leg to stand on in court

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