Recently went through re-mediation for changes to existing parenting agreement. One item was the change to the blanket statement regarding first refusal, the original statement was, when it is one parent's time with child and is unable to watch/care for child then the time is offered to the other parent. That was changed to: if the parent can not be with the child for a time of greater than or equal to 8 hours then that time will be offered to the other parent.
Custody is shared with a Sun-Wed and Wed-Sun agreement. I need to go back to work full time and am afraid that ex will want child with her if she is off. I will be home within the 8 hour limitation. Do I need to change this? Is she entitled to the nights with our child, if I am at work but back home each and every night?
Family Law Attorney
If you will be home within the 8 hour time then the right of first refusal will not come in to play. As of the overnights, if the agreement does not address this issue then you and the mom will need to come up with an agreement. Some judges will allow the parent who has to child to keep the child overnight. Do you need to make another modification, not at the moment. Once you start working full time and know your schedule then you can better determine if a modification needs to be made. If you can be home within the time frame you still will not need to make the modification or even offer the right of first refusal to the other parent.
This information provided is general in nature and does not create an attorney client privilege. Please consult with an attorney to get a more detailed and specific answer to your legal matter.