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Tags >> right of first refusal
Jan 01, 2012

oklahoma city divorce lawyerQuestion:

My ex-wife and I share joint child custody. When I am forced to work late or otherwise be absent during my parenting time, I have to notify my ex-wife and give her a right of first refusal.

My ex-wife has now picked up an extra job requiring her to work nights. When she works during her parenting time hours, she does not afford me the same opportunity and instead leaves our child with a relative.

She refuses to let me have our child while she works during her parenting time. Is there anything I can do?


Dec 09, 2011

Michigan divorce lawyerQuestion:

Is my ex-wife allowed to arrange a third party to look after our child during her parenting time when I am available?

During the upcoming Winter Break, my ex is going on vacation during her parenting time and told me our child is staying with someone else instead of me.

Don't I have a right of first refusal in having my child stay with me when my ex-wife can't exercise her parenting time?


Nov 12, 2011

Utah divorce lawyerQuestion:

My divorce question is about the right of first refusal clause.

During my parenting time that includes overnight visitation, I sometimes have to work so my fiance or my parents stay with my children.

My ex-wife now wants to take our children on those nights when I work by stating she is using her first right of refusal. However, in our divorce decree, there is no such claim about a right of first refusal clause.

She has never tried to exercise a right of first refusal before, and my work hours have not changed since our divorce so she knew I would be gone some of those nights I have overnight visitation.

Will my ex-wife be able to exercise the right of first refusal even though the decree does not state anything about that right?


Sep 10, 2011

Question:Kevin Mammola Atlanta Divorce Attorney

Per our child custody agreements, I share joint legal custody with my ex-wife though she has primary physical child custody.

She has been hospitalized for weeks about 3 hours from where I live. Her husband - my child's stepfather - is refusing to let me come take my child so that he can live with me while his mother is recovering in the hospital.

Can my child be kept away from me by his stepdad because it's technically not my parenting time even though the mother is in the hospital unable to care for the child?


Dec 16, 2010

Question:

I am under the impression that once I got remarried, my new wife would have the same parenting time rights that I do in terms of right of first refusal. I know that when it is my parenting time, I can leave my daughter in my current wife's care without offering additional parenting time to my ex-wife.

However, if it is my ex-wife's parenting time, does she have to give right of first refusal to my current wife?

In other words, can my current wife exercise my right of first refusal on my behalf when I may not be available, such as at work or out of town on business?


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