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losing job and now night shift

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  • losing job and now night shift

    I was talking to a sorta friend today and he said his ex wife lost her job last week. She has got a new job but it is strictly overnights. His kids are apparently going to be spending every night with her parents. This is a permanent job unless they have a day job open up and she applies and gets it. Should he get a right to the kids rather then them spending every night at their grandparents?

    I have no idea how situations like this work.

  • #2
    Tricky. What is there access now? 50-50? Does their agreement have a right of first refusal? Then she would HAVE to offer them to him first instead of her parents. I don't think it would change the agreement (or the CS) unless they agreed that it was to be the new ongoing schedule. Presumably she wants to move back to days as soon as she can.

    Would the grandparents be staying at the ex's home every night, or would the kids be taken over to their house every night? The latter could be very disruptive to their lives, especially if the home isn't particularly close by.

    If her job change came with a pay cut, I can see how she'd be desperately trying to avoid him getting primary access and her also having to pay him CS on top of income loss.

    I assume she plans to sleep during the day while they're at school (how old are the kids?), so she still has her usual schedule of evenings to be with them? What's her PA day plan?

    If they're amicably parted (ha!) maybe he can sit down and talk to her and try to figure out how they can be a team to make her job change have the least impact on the children possible.

    If it's acrimonious, he can just take her to court and ask that he be given primary custody based on the material change in circumstances.

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    • #3
      What exactly is her schedule?
      You can't have residency if you aren't actually available.

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      • #4
        From my understanding, he has EOW as they live in different towns (about an hour apart). He said he schedule is 11pm-7am. The children would be sleeping at her parents house so not even in their own beds. The parents live in the same town as they do. He is concerned because I guess the parents live in a mobile home park. Not that there is anything wrong with that, but it's the fact his children won't have proper beds to sleep in.

        He isn't sure if he has any leg to stand on. He plans to wait it out a few months and see what happens.

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        • #5
          Personally I think it won't change anything.

          1 - she will say it is temporary

          2 - He is not a parent, he is a visitor; EoW is not a parent - once you become EoW you are just there for money and changing residency to the father would be considered too much of a change to ever be done.

          3 - they will not change the "town" and school of the kids.

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          • #6
            Originally posted by Links17 View Post
            Personally I think it won't change anything.

            1 - she will say it is temporary

            2 - He is not a parent, he is a visitor; EoW is not a parent - once you become EoW you are just there for money and changing residency to the father would be considered too much of a change to ever be done.

            3 - they will not change the "town" and school of the kids.
            Sort of what I figured as well. Even though their lives will be disrupted it isn't the same as them changing towns/schools.

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