Mom is Always Gone

[StepMomMelissa]

My question involves a child custody case from the State of: Texas

Anyones thoughts on getting custody if the mom is always gone traveling for work and pleasure. Child is always with someone else.

[cyjeff]

That would be between the parents of the child.

I am not trying to be harsh... but the moment you, the step parent, get in the middle of a custody battle, your husband loses.

[StepMomMelissa]

I appreciate your input... but I am asking the question for my husband.

[cyjeff]

Then he can take his ex to court and petition to become the custodial parent.

[StepMomMelissa]

He just wanted to know if there was any precedence (other cases) where a mom lost rights due to work schedule. If noone has ever tried a case like this then the odds of him winning are slim. Everything we read is that the mom never looses custody for any reason. I guess you could say he is looking for hope!

[cyjeff]

Anything is possible.

He would have to prove that the child's best interests are better served in his care than in hers.

[aaron]

A parent's use of child care to enable her to work, or to take some time away from home when she's not working, will not ordinarily be enough to trigger a review of custody. The question becomes, what do you mean by "always"?

[StepMomMelissa]

She is traveling out of state on a regular basis and when I say regularly its at least once a month and she leaves the child with anyone other than his father. She uses daycare and that is fine but she almost never is around in time to even pick him up when daycare closes and therefore has others pick the child up.

[aaron]

If dad want to take care of the child while mom is traveling, dad can ask her about that. If she says no, dad can consult a family lawyer about whether it's realistic to try to get a court to order that he care for the child during mom's business travel. Similarly, if he wishes, he can ask about caring for the child after daycare ends.