Question:
My wife and I are divorcing, and she agrees I will have physical custody as our child’s disability requires a stable environment and my ex will be moving out of state.
When she does come to visit our child, I do not want my child staying in a hotel with her overnight because of his health and condition, but I also don’t want to appear to the court as uncooperative.
Am I obligated to let her stay in my house, or will my child have his parenting time with her in a hotel?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and child custody laws where I am licensed to practice.
You are not obligated to allow your ex-wife to stay in your home following the divorce unless the court orders otherwise.
If you and your wife are able to reach an agreement regarding a parenting time arrangement which you both believe would be in the best interest of your child, then you may each sign it and submit it to the court for approval.
In reaching an agreement, you may consider options or solutions that may not otherwise be ordered by the court. The court will then review the agreement and determine if the agreement is in the best interests of the child.
However, if you are unable to reach an agreement regarding the parenting time and location for the child’s mother, then the issue will be decided by the court.
At a hearing, the court will likely hear evidence on your child, his disability or condition, and the parties’ financial circumstances and requests.
If the child’s mother requests overnight parenting time in the hotel and, after hearing evidence, the court finds that it would not be detrimental to the child’s health or condition, then the court may grant the child’s mother’s request if the court finds it would be in the best interest of your child to have as much time as possible with his mother when she is in town.
Preventing Relocation:
The court may also hear evidence which you present as to why you believe staying in a hotel overnight would not be in the best interests of your child. It is possible the court may find that the child’s mother may have parenting time during the day and should drop off the child at home to stay the night shortly before his bedtime.
The judge will have a lot of discretion and will issue a ruling based on the specific facts of your case and what would be in the best interests of your son.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
