Can a Non-Custodial Parent Seek Custody Due to a Parent's Absence for Work
My question involves a child custody case from the State of: Oregon
Father (custodial parent) contracted to work out of state for 5 months (home on weekends) temporary work and will not be leaving state again for work. Leaving child in care of custodial step-mother, whom will be maintained child's schedule (school and activities)
NCP (mother) has visitation and it will be maintained for duration of father being out of town.
Also she has just recently re-united with child after being absent for 3 years due to substance abuse.
No specifics stated in court order re: parent working out of town.
Can NCP go for custody due to father being gone?
Re: Can a Non-Custodial Parent Seek Custody Due to a Parent's Absence for Work
Can she, as in "Is it possible"? Yes, she would have the right to petition for a short- or long-term modification of custody based upon the custodial parent's absence from the household. Would she prevail? That will depend upon a full evaluation of the facts, above and beyond mom's historic issues with substance abuse.
Re: Can a Non-Custodial Parent Seek Custody Due to a Parent's Absence for Work
And, really - would this be in the best interests of the child?
Re: Can a Non-Custodial Parent Seek Custody Due to a Parent's Absence for Work
Quote:
Quoting
MammaB
My question involves a child custody case from the State of: Oregon
Father (custodial parent) contracted to work out of state for 5 months (home on weekends) temporary work and will not be leaving state again for work. Leaving child in care of custodial step-mother, whom will be maintained child's schedule (school and activities)
NCP (mother) has visitation and it will be maintained for duration of father being out of town.
Also she has just recently re-united with child after being absent for 3 years due to substance abuse.
No specifics stated in court order re: parent working out of town.
Can NCP go for custody due to father being gone?
I agree with the other responses and will add that the stepmother is NOT the "custodial step-mother" and its best to avoid using wording like that.
However I will repeat that the mother would have every right to file for custody based on the fact that dad will not be living at home during the week. That is not a question. The question will be whether or not she could actually win. We do not have enough facts to even hint at that determination.
The age of the child would likely factor in as well, particularly if the mother did not live in the area and the child would have to change schools to stay with mom for those 5 months.