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  Posted to group - Difficult Ex's    <<Previous    Next>>

Does She Have The Right?

My ex wife and I share joint legal and physical custody. Prior to our divorce we had a verbal agreement that if one or the other of us was out of town on our parenting time the other could have the option of having the kids while she or I was away. When she remarried she revoked this without announcement or cause and started leaving the kids with friends or a sitter. The kids always use to come to my house after school if no one was home at her home, again, once she remarried she revoked this and has my youngest coming home to an empty house often. The question is, can she do this and if I picked up my youngest from school and took him to her home for safety would I be violating any laws ??? She also has stated that I can't pick up or drop off the kids at her home during transfer days, can she enforce this ????

by goingnuts   33 Posts 
Posted on 5/18/2008 6:08 PM
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Tags: joint custody


Answers for "Does She Have The Right?"  (2) (You must be logged in to answer)




Yes she can, since there is no right of first refusal clause in your custody agreement - verbal agreements hold up as much as water through a strainer.

If you go and get the child on "her" time - you are in contempt of court - so it is not in your best interest to do, especially considering everything else from your other post & our lengthy conversation.

 

Unless your court order specifically states the children are to be picked up/dropped off at respective homes, then she has the right to keep you from her house. All things considered, it is better if you don't go to her house, as the next chapter in your saga wil be some sort of false allegation - or a not so pleasant confrontation with her new husband.

 

when and if you end up in court for some of the other issues, request a modification for a right of first refusal clause. Typical wording is as follows

 

That in the event either Parent intends to leave said children for a period of _______hours or longer, that Parent shall first offer the other Parent an opportunity for additional time with said children before making other arrangements for the temporary care of said children. Parent receiving extra time with said children will provide and/or pay for transportation of said children, which he/she may delegate to a responsible adult. Parent leaving said children with the other Parent or with a temporary child care provider, shall notify that Parent of the duration of the parenting time or temporary care of said children by other persons.

by spaznskitz   7745 Posts
Posted on 5/19/2008 12:06 AM
0





You should consult your attorney regarding "right of first refusal" which simply states that you would have the right to refuse watching the child(ren) and THEN she could go to an outside source for child care.  If you put this in your divorce decree, she would be in violation.  It is something to consider.  Keep in mind that she may not choose to abide as you have already seen.  Then you have to ask yourself...should I take this to the next step?
by ANewBeginning101   2 Posts
Posted on 5/18/2008 7:43 PM
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