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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.