SPARC Forums

Hello all !
Quick background first.  Due to court ordered order of protection ex husband unable to see our child for almost 2 yrs.  He wanted an opportunity to prove to be a good father.  He began to see our child repeatedly for about 3 months.  Then we began an agreed upon time sharing schedule.  Every other weekend from end of school Friday to return to school next scheduled school day (Monday possible Tues or Wed based on school calendar).  Also included alternating major holidays and half of Spring & Winter break.  Our child is a high functioning 7 yr old special needs child.

As it happens there have been a few times when my ex was to have our child and due to holiday (MLK or presidents Day) or school calendar (Teacher work days etc)  school was on Tuesday or Wednesday.  Every time I got a call, text, or complaint that he had to bring him home early because he had no child care.  I kept explaining to him that he wanted this schedule and he had an obligation & responsibility to be there or provide appropriate care for our child if necessary.  We both work full time and its what I have to do when there is no school.  Spring break was this week and I just found out that not only did he leave our child with his grandmother on Monday which he cannot communicate with due to a language barrier ( not the best situation but she IS family)  but WORSE Wednesday he was left home alone from 8-11am and a downstairs neighbor came to check on him every 20 min or so.  Im not sure who to turn to first legally but I know this cannot happen again.  Any help would be appreciated.  Thanks !

Depends on the state law. Call you local police and ask if there is an age law for leaving your child home alone. Here there is NO age law so the only way it is against the law is if the child is afraid to be alone.

You can not make him parent so either you agree to take child back when he can not or change court order. You can file modification of visitation/parenting plan in family court. Write something alone the lines of "mother requests the courts to order that child will not be left home alone in either house until the age of xx. Child is a special needs child and on xx date, father left child home alone and had a downstairs neighbor check in on child instead of getting appropriate child care. Mother is willing to take child on fathers days however she requests xx days notice as she also work full time and would need to secure child care"

If child care is not addressed in child support order, can also ask that fees be split between both parents when either parent needs child care to work.

He asked you to take child back and you said no. His solution may not be illegal but also not totally right either. Ask him if he wants to go to fri-sunday schedule and request extra days if he is available so you can always ensure a babysitter.
Good luck!