Dad is Working All Day and Grandparents Are Watching the Kids

[northboone]

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

1. Dad was just hired as an police officer. Cannot take time off during his visitation
2. Dad lives with his parents (children's grandparents)
*3. Grandparents watch/responsible for the kids all day (40-50 hrs/week)
*4. Children call custodial parent, cry saying they miss her and want to come home
*5. Dad took away cell phone and restricts time and location of all conversations between kids and mom and all conversations are monitored.
*6. Children are only allowed to talk to mom once/twice a week at the leisure of the dad.

There is no refusal clause in the divorce decree and the dad's visitation is for five more weeks. Is there an emergency motion we can file for immediate relief for the children?

[mmmagique]

No.

What if (heaven forbid) you were deceased? Would it be ok then for the grandparents to help their son out and watch the kids? Would you rather he sent them off to daycare? Are the grandparents incompetent?

[northboone]

If I were deceased, the equation would be changed. As it is, the children, by their own words, are left alone downstairs all day with the occasion interaction. They are unhappy and have made it clear to us and have asked us to engage their dad to alter visitation. Of course, he will not return any messages or phone calls.

What about the fairness for the kids? Why is the court system hellbent on making sure visitation is upheld regardless of what the people it affects most, are miserable. The kids deserve protection as well? What is the definition of parental neglect?

[Disagreeable]

I suggest you drop everything and move close to dad. You can then request first right of refusal when dad is at work. Otherwise, summer visitation long distance, unless you are willing to transport the children back and forth daily, involves other parties watching the children. Remember "fair" is subjective.

[LawResearcherMissy]

Rephrasing the question is not going to change the answer.

What are you going to do when the kids become teenagers and decide that YOU are the bad guy and they want to live with Dad? Get it together, Mommles. Kids will crab when things don't suit them, that is just the way of it, and they need to be taught that sometimes we do what we don't want to, and you can't always have everything you want.

[Neal1421]

The children deserve to spend the time with their father and his family. They are their family as well. Do you have the children in childcare while they are with you and you are at work? If so, what is the difference. Are the children being abused? If not, then what protection are you referring to? You absolutely do NOT have a case for parental neglect.

[Antigone]

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

1. Dad was just hired as an police officer. Cannot take time off during his visitation
2. Dad lives with his parents (children's grandparents)
*3. Grandparents watch/responsible for the kids all day (40-50 hrs/week)
*4. Children call custodial parent, cry saying they miss her and want to come home
*5. Dad took away cell phone and restricts time and location of all conversations between kids and mom and all conversations are monitored.
*6. Children are only allowed to talk to mom once/twice a week at the leisure of the dad.

There is no refusal clause in the divorce decree and the dad's visitation is for five more weeks. Is there an emergency motion we can file for immediate relief for the children?

There is no emergency here.