Can I Modify Parenting Time If My Ex Leaves Our Children Home Alone?

mens divorce lawyer Janet Yu JohnstonQuestion:

During my wife’s parenting time she frequently does not spend the night at the marital home, instead sleeping at her boyfriend’s house.

She says the kids are old enough (ages 12 and 17) to spend the night alone, but I’m concerned for their safety and would rather have them with me than leaving them alone.

Would the courts be likely to modify our visitation schedule or allow me to have the kids when she doesn’t want to stay at home during her parenting time?


I am not licensed to practice law in your state so I cannot offer legal advice on divorce. However, I can give you general divorce help for men that may be useful to you.

The court would likely be willing to intervene if you are concerned about your children’s safety during their nights alone. You could file a motion to ensure that an adult is with your children overnight.

If you are available to be with your children during your ex’s parenting time when she leaves at night, then you could also file a motion to have the right to those nights with the children.

You would try to modify the current parenting time schedule, and ask for the right of first refusal that any time your ex is unable to be with your children overnight you have the first right to see them during that time.

I recommend that you speak with an attorney in your jurisdiction for specific divorce advice for men.


Cordell & Cordell has mens divorce lawyers located nationwide. To arrange an initial consultation with a Cordell & Cordell attorney, including Janet Yu Johnston, an Associate Attorney in the Louisville, Kentucky office, please contact Cordell & Cordell.

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