Asked in Child Custody, Child Support and Divorce for Nebraska

Q: Do I have the first right of refusal to watch my child in Nebraska?

My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as being confirmation that I would have her for the weekend because the details were set. Later that night, while going through email, I discovered a second email saying I had until 6 pm to confirm. It was past 6 pm when I was checking email and was told I wouldn’t be watching her now. They left and I couldn’t get ahold of my daughter, my phone was blocked. I had no idea where or with whom she was with. Upon their return, my ex said she was under no obligation to inform me of the whereabouts of my daughter? And the boyfriend indicated that I would no longer be asked to watch my daughter when they went out of town although I did that regularly when they weren’t living together. Is any of this legal?

1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The Right of First Refusal is one of the terms that may or may not be included as part of the parenting plan.

If you already have a custody order with parenting plan in place, then you need to look at the specific terms of that custody order/parenting plan to determine what each party's rights and responsibilities are.

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