Results 1 to 3 of 3
  1. #1
    Join Date
    Jan 2016
    Location
    Indiana
    Posts
    1

    Default Right of First Refusal vs. Care by a Relative Who Lives in the Child's Home

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

    My then spouse and I have resided in the home with my parents for a period of approx. 5 years. My mother has been the primary child care provider as we both work full-time. We are currently going through a divorce after my discovery of my spouse living a secret second life. My job requires me to travel on occasion (approx. 1 week every 2-3 months). My attorney said that there is a law that states if the children reside in a home with a blood relative the children can be cared for by this relative during time in which the custodial parent travels. My to be ex and his attorney are fighting that Right of First refusal trumps this law (or case). If the children wanted to go with him I would have no issue with it however the children do not wish to go with him and look at it as a punishment when I have to travel. Additionally he has reduced my child support order stating that our son is 12 and is not in need of child care while we work. If the child is not in need of childcare then how does the right of first refusal work if the child is old enough to care for himself/herself? I don't want to completely disrupt my children's life because of this divorce. When I was married and traveled he did not provide care for the children my parents did.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Right of First Refusal vs. Blood Relative Living in the Same Home As Child

    from: http://www.in.gov/judiciary/rules/pa.../parenting.pdf
    3. Opportunity for Additional Parenting Time. When it becomes necessary that a child be cared for by aperson other than a parent or a responsible household family member, the parent needing the child care shall first offerthe other parent the opportunity for additional parenting time, if providing the child care by the other parent is practicalconsidering the time available and the distance between residences. The other parent is under no obligation to providethe child care. If the other parent elects to provide this care, it shall be done at no cost and without affecting child support.The parent exercising additional parenting time shall provide the necessary transportation unless the parties otherwiseagree
    CommentaryThe rule providing for opportunities for additional parenting time promotes the concept that a child receivesgreater benefit from being with a parent rather than a child care provider who is not a household family member. Thehousehold family member is defined as an adult person residing in the household, who is related to the child by blood,marriage or adoption. The rule is also intended to be practical. When a parent's work schedule or other regularactivities require hiring or arranging for a child care provider who is not a household family member, the other parentshould be given the opportunity to provide the care. Distance, transportation or time may make the rule impractical.The period of absence which triggers the exchange will vary depending upon the circumstances of the parties. Parentsshould agree on the amount of child care time and the circumstances that require the offer be made. It is presumed thatthis rule applies in all cases which the guidelines cover; however, the parties or a trial court may, within discretion,determine that a deviation is necessary or appropriate. Any such deviation must be accompanied by a writtenexplanation. See Shelton v. Shelton, 840 N.E.2d 835 (Ind. 2006)This section is sometimes mistakenly referred to as the “right of first refusal.” It is more accurate to refer to thissection as an opportunity to exercise additional parenting time.
    beware; these are guidelines, not law.

    a 12 yo child is old enough to take care of themselves in limited circumstances. It is not as simple as if he doesn't need child care he is an adult now.

  3. #3
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Right of First Refusal vs. Blood Relative Living in the Same Home As Child

    Some 12 year olds are mature enough to be left alone for a limited period of time and some aren't.

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: Is it Fraud to Collect Child Support if the Child Lives With a Relative
    By Dhudgins in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 12-20-2014, 02:53 PM
  2. Termination of Support: How to Stop Child Support Now That the Child Lives in My Home
    By Jaxs4u in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 01-07-2014, 11:20 PM
  3. Child Care: Right of First Refusal vs. Having a Relative Pick Up a Child for an Event
    By vegas757 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-30-2012, 08:00 PM
  4. Child Care: Right of First Refusal for Child Care
    By holly82 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 01-27-2010, 01:02 PM
  5. Enforcing Custody Orders: Should a Father Have Right of First Refusal to Provide Child Care
    By houdini in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 05-24-2006, 03:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources