BM working overnight shifts

[gemini3]

We were recently informed that my husbands ex will be starting overnight shifts at work four days a week.  She has not yet informed us of her child care plans.  His order does not contain first right of refusal.

Our concern is that she will be having the children cared for overnight plus an additional five hours (it's a 12 hour shift with a 30 minute drive each way) - then on top of that she will be sleeping for at least 6-8 hours during the day, so really no one will be watching the kids then either.  That really only leaves a few hours that she will be available to the children.

I think that she is trying to find a way that they can stay with one of their friends while she is working, and then will leave them unsupervised during the day when she is sleeping.  She does not want to pay for child care and, so far, has managed to find a way around it for several months now.  I don't think this is best for the kids because they never know where they will be when, and the youngest is very nervous about it.  She is constantly asking if her mom will be home when she gets there, and who will be watching them at their mom's house.

As far as I know this is not a temporary situation.  She is taking a new position in order to get higher pay.  What is temporary is her husbands situation.  He has been working out of state for over a year and, from what the kids are saying, may be gone for another 6-9 months.  When he comes back he will be there to watch the kids overnight, but no one knows when that will be.

Do you think that we have a case to ask for the children during the days that she has to work?  What about child care during the day when she is sleeping?

[ocean]

I would first send her a certified letter stating that you heard of her new hours and want to know who will be watching them at night and during the day. Offer to take the kids. See where that goes....If she refuses and the kids are going to someone else every night and not sleeping at home, then you may have a case. If she has someone come to the house every night, probably not. Depends on how it affects the kids.