New York, NY asked in Child Custody, Divorce and Family Law for New York

Q: Can I ask a "right of first refusal" when it’s not in the current child custody agreement.

I currently have a temporary custody agreement with my ex-wife until we can finalize our divorce which give us both legal and joint custody. The “right of first refusal” is on our draft but not signed agreement. She is returning to work due to covid restrictions being lifted. She wants a 15 year old relative with no adult supervision to watch 3 kids which range from 4-9 years of age for 12 hours a day 5 days a week and she will pay her. Except for the 4 year old, everyone include the 15 year old are remote learning. I’m concerned as I don’t think her relative will be able to handle it. I’m more the capable of watching the boys as I’m currently working from home. Can I claim right if first refusal? I’m willing to pick up boys and drop them off when she gets home so they will have adequate supervision. I don’t mind her getting a capable adult to babysit but she doesn’t want to. Also, I feel this impedes on child labor laws as well.

2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: If it is not in the signed agreement, it does not exist. You can file a petition in court to add that provision, but a judge will have to decide whether it is in the best interests of the child.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Once the agreement is signed with the "fight of first refusal" in it then you get it. Unfortunately, as you indicated, it is not in the temporary agreement so you don't have it. Have your lawyer discuss this with your wife's attorney and if you can't agree, then your attorney can request a conference with the judge.

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