How can I get the First Choice Babysitting provision taken out of my MSA?

This is included in my MSA, and it's turned into a hassle. I've started dating someone and my ex will not allow her to watch our kids while I'm at work. Instead she goes and picks them up from my house and keeps them until 9pm when I get off work then I go pick them back up from her house. It doesn't make any sense for her to pick them up, I just want them to stay at my house. Is there a way I can get this removed?

Marco Island, FL -

Attorney Answers (3)

Daniel A. Bachert

Daniel A. Bachert

Divorce / Separation Lawyer - West Palm Beach, FL

Not likely, that provision is placed into MSAs for instances you just described. If you wish to seek to have it removed you will need to file a Petition for Modification allege and prove a substantial, unanticipated change in circumstances that would justify the modification you are seeking and prove that the modification will be in the best interest of the children.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951

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Joseph Peyton Lea III

Joseph Peyton Lea III

Family Law Attorney - Orlando, FL

As it is written in your MSA it stands. The problem is that when you are at work, the non custodial parent should be with the children. This is called the first right of refusal. However, if this presents a problem for you, you can certainly petition the court for a modification of your final judgement which incorporates the MSA.

Jonathan Robert Simon

Jonathan Robert Simon

Divorce / Separation Lawyer - Orlando, FL

I agree with the answers posted above. Always remember that the burden on the parent trying to prove a substantial change in circumstances is very difficult. A hassle will not cut it. The provision in the MSA has less to do with who is watching the kids and more to do with the right of first refusal.

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