unsupervised child

This is a discussion on unsupervised child within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; Okay, I need some help here. My ex used to live right beside his mom after we divorced. He works at night and is a truck driver.He has visitation with ...

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  1. #1
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    unsupervised child

    Okay, I need some help here. My ex used to live right beside his mom after we divorced. He works at night and is a truck driver.He has visitation with our son that begins on Friday when school let's out and takes him back to school on Monday morning. He works every Friday night so he takes our son to his mothers house and then goes into work. Recently he moved to the city I live in here in TN. my son came home today and I asked how his weekend went. he explained that he had stayed with his grandmother on Friday night. His dad picked him up from her house on Saturday and then they drove to his new home here. my son explained his dad said he was tired from working all night and laid down to go to sleep for an hour and 45 minutes. My son was alone and unsupervised for this amount of time. I contacted my sons counselor of the situation and how he had changed residences and now he sleeps on his visitation time. I am very concerned for my sons safety while this is occurring because he is only 7 years old and has special needs. He is autistic. I am not sure if this is a material change of circumstances or not. I did take the initiate and sent my ex a tactful text message explaining I don't know how he is sleeping and working now, but our son doesn't need to be left alone while he sleeps being unsupervised at his home. I simply asked if he was doing this to make other arrangements for our sons care while he is resting. so, legally is there anything I can do if this continues and becomes an issue over and over again?


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    You seem to have a lot of questions regarding child custody. It would be best for you to consult with an attorney and ask him all these questions. A question like yours would likely require research of case law from your state as to whether that would constitute a change of circumstances.
    I am not a lawyer, this is not legal advice.

  3. #3
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    Wow! I get on here seeking some help because my ex causes so much trouble and then I have someone answer with a wisecrack answer too! For your information I have an attorney. But attorney's charge money to answer questions. I get on here to see if it would be worth spending the money or not and I get a smart, intelligent person to give me a stupid answer. Wow! Thats all I gotta say is wow!

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    I am going to have to agree with jterry on this one. It was not a wisecrack answer it all. You have a very specific question that requires legal research to answer. A lawyer usually has access to a local database of case law which he would need to research your question. What constitutes a sufficient change of circumstances will be determined on a case-by-case manner in accord with the laws of your particular state. In fact, it is possible that there is no case law on this exact topic in your state and in that case, you would have to try yourself to find out if that would be considered a change of circumstances.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  5. #5
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    Well, legal help is not much help at all if people can't come on here to ask questions.

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    You can ask questions here but your specific question requires a good amount of research. Maybe an attorney from your state will see this post and be able to help you. However this forum is just a supplement for individuals to use with their legal issues. Members should not rely on the information posted on the forums and should always consult with an attorney. Many of our members are not attorneys and simply state their personal opinions and share their stories with others which helps other members.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

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    I don't understand how you manage to stay awake for each 5 day period that you have your son. I usually require sleep after being awake for 32 hours.

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    Wow! another stupid answer!

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    Quote Originally Posted by frustrated41 View Post
    Wow! another stupid answer!
    You are the one who opened the door to it being unsafe to sleep with the child present. What I read in the situation, is a man working hard, 10-12 hours a day, trying to take care of his family, with an ex, who hates him and wants to twist any potential situation to her advantage, to try and take away the little time he gets to spend with his child. Good taste prevents me from giving my views on you. Be assured, the court will see through your games also.