Q: Can my ex husband leave our 12 year old daughter home alone overnight while he's working night shift?
My ex started working a full time overnight position leaving our 12 year old daughter home alone on his nights which are Wed, Thursday and every other Friday. He kept this a secret until my daughter finally told me. I'm highly concerned and I live 6 minutes away, however he's so controlling he told me the parent schedule will not change and she's fine alone. To me, this is insanity. I worry about her safety. Will the courts allow a 12 year old to stay in a house alone even though I'm 6 minutes down the road.
A:
In deciding whether to modify custody, the Court considers whether there has been a change in circumstances and whether a change to the custody schedule would be in the child’s best interests. A judge may decide that your ex leaving the child alone at night is a change in circumstance and that staying with you instead would be in the child’s best interests. You should consult a family law attorney about the possibility of negotiating or litigating a change to the parenting time schedule. I hope this helps and best of luck to you and your child.
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