LEGAL BLOGS…ASK A QUESTION…

1993’s Family and Medical Leave Act took an unprecedented step in the United States by ensuring that employees–at least, those working for companies with 50 or more employees–could take up to 12 weeks unpaid leave for medical or family needs without losing their jobs. The flaw in the plan, of course, was that many American workers simply can’t take that kind of time off work and survive. While the promise of a job to return to after illness or family crisis is very important, it’s meaningless in a practical sense if the employee has no means to take that time off and still pay the rent and put food on the table.

Now, Senators Ted Stevens (R-Alaska) and Chris Dodd (D-Conn) have introduced a bill that would establish mandatory insurance coverage for up to eight weeks of paid leave in such circumstances. In its current form, the bill provides for a sliding scale benefits, so that those at the lowest end of the income spectrum would receive full salary, while those at the higher end would receive only a percentage.

Dozens of other countries guarantee paid paternity leave and paid time off for parents with sick children, and more than 150 countries already guarantee paid leave for women for childbirth.

Samantha’s Question: If there is no court order in place, can one parent stop the other one from seeing the child (my daughter’s father is refusing to allow me to contact her. I have been her primary care giver since birth, we have a parenting plan which he has gone against, but it was not lodged with the court)?

Brette’s Answer: If there is no order of custody, each parent has an equal right to the child. You need to file an emergency petition for custody it sounds like.

Will my custody papers be enforced if he threatens to keep our son?

Theresa’s Question: My son is 3 years old, and I have sole physical custody. His father takes him for 4 weeks each summer and lives 5 states away. He is threatening not to give him back. Will my divorce decree and custody papers be enforced in another state.

Brette’s Answer: Yes they will be enforced. Based on that threat, you can seek to have his visitation reduced.

When Your Ex Doesn’t Comply With the Visitation Schedule

Melissa’s Question: Our divorce decree states that my ex gets the kids for 2 weeks out of every summer, but I have always been lenient since he is in the military and does not see them any other time during the rest of the year. This year I let them go for 4 weeks, and when I tried to ask him where we should meet to pick them up (he lives 5 states away) he said he was not going to let them come home for 3 more weeks! What can I do to get them back?

Brette’s Answer: You can file a violation with the court that ordered the visitation. You could also contact the police or perhaps his commanding officer and show them the order which he has clearly violated.