DocketNumber: 92-905
Judges: Oxberger, Hayden, Sackett, Schlegel
Filed Date: 12/29/1992
Status: Precedential
Modified Date: 11/11/2024
(concurring in part and dissenting in part).
I concur in part and dissent in part. I concur with the majority in all respects except I would expand Steven’s visitation until the girls are in school to include the day hours Crystal works outside the home. Steven is currently providing and has provided competent, reliable child care for these children during the days Crystal works outside the home.
I recognize a visitation schedule such as I suggest is a departure from what has traditionally been afforded the noncustodial parent. However, in the past decade, we have seen a substantial increase in cases where both parents work outside the home and neither parent can be with the child on a full-time basis. When the custodial parent is absent from the home for substantial periods of time because of employment, it becomes important for the child, when possible, to have contact during that period with the noncustodial parent. The arrangement where Steven cares for the children while Crystal works is in the best interest of the children and Crystal should not be in a position where she can change it at her whim. Under the decree affirmed by the majority, Crystal can do just that and Steven has no recourse.