Custody battle with a mother who works third shift.

[emily8951]

My husband and I are in the middle of a custody battle with his ex-wife. For the past year, we have had his son living in our home five nights a week and she kept him the two nights she was not working. His ex works night shift from 11PM - 7AM so her ability to see her son is unfortunately limited. We pay her full child support and have tried to let her see her son as much as possible. Unfortunately, a big can of worms opened when we discovered she claimed their son on her taxes last year and we did as well. The IRS informed us the person that has physical custody of the child more than 50% of the time has the right to claim the child. She decided she wanted to have him 50% of the time (so she could claim him) and has hired a 21 year old babysitter to watch their son while she is at work from 11pm - 7pm (the child is 9 years old!). The original divorce agreement was to split the child 4 nights one week and 3 nights the next for each parent. I am nervous the court will side with her, since she is the mother. Advise?

 

[Proserpina]

She stands a pretty good chance actually, seeing as the current order is pretty much a 50-50 timeshare.

Dad could try to argue that the order hasn't been followed for the past year, but he needs to prepare himself in case the court does side with Mom.

How long has Mom been working swing shift?

 

[bluemann33]

If its the time your husband does not want to lose then let her claim the child on her taxes so the child will still be with your husband.

 

[emily8951]

She has had the third shift for 5 months. I guess I am having a hard time understanding why the courts would see it to be 'in the best interest of the child' to stay with a 21 year old babysitter rather than his father? It worries him sick to think what could happen to his son in the middle of the night now, not to mention what will happen when he is 14 or 15 and mom decides she doesn't want to pay a sitter and he is staying alone?

 

[emily8951]

We tried that from the begining and she said 'it was bound to come to this anyway' and wanted him in her home per the agreement, so it isn't even an option anymore.