Question:

What constitutes an “overnight visit?”

I work third shift and have my mother babysit for me while I am at work. Does this still count as an overnight visit for me?

Answer:

In Colorado, an overnight visitation usually is considered based on a normal 24-hour clock.

This means that if a parent has parenting time “overnight,” the child goes to sleep at that parent’s house and wakes the next day at that parent’s house.

The visitation itself continues from one day to the other. If you work a shift that doesn’t allow you to be at the home with the child for the period of time when the day changes (i.e. 11:00 p.m. – 1:00 a.m. for an extreme example), it would be unlikely in Colorado that you would be allowed to have that particular “overnight,” though you may still be awarded parenting time during the day.

Daycare or babysitting during the morning / afternoon hours is historically looked at very differently than care during the night hours by a third party.

This is largely because child support is calculated based on the amount of overnight visits you have, therefore the court tends to be reluctant to award overnight visitation to a parent that admittedly cannot exercise the overnight parenting time.

Though I do not know the specifics of your situation, the above explanation is the general outlook.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.