Post Divorce Custody Question

Asked almost 2 years ago - Brooklyn, NY

My Ex husband and I are divorced , I have full legal and physical custody of my daughter . I am considering changing my job , but my work hours would jump from 40 hours a week to 60 + hours a week . My mother will help pick my daughter up from the daycare every day and will and stay with her until I get home . My Ex husband is dreaming of getting better visitation / custody arrangement which has been signed only 6 months ago . Per our Stipulation of Settlement , my Ex husband does not have the right of first refusal . I am afraid that my Ex , who works very little , will use my new work schedule to his advantage , saying that he ( his daughter's father ) and not her grandmother should spend the evenings with the child , when her mother is not available . Do I have a valid concern ?

Attorney answers (3)

  1. Mary Katherine Brown

    Pro

    Contributor Level 20

    4

    Lawyers agree

    10

    Answered . Yes, you have a "valid" concern, but whether there is really any threat to your current situation is a question that can only be answered upon review of all your court papers and written agreements along with a detailed dialogue regarding the history of the case. If your ex is merely dreaming about more visitation, he may not do anything--if he makes noises as if he will, you should take the time to have a confidential consultation with a local attorney so you can be prepared. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. Karen Svendsen

    Contributor Level 4

    4

    Lawyers agree

    Answered . Yes. Many judges are predisposed to give a parent the right of first refusal to care for their child prior to permitting the child to go to a third party childcare provider. Although the cusotdy arrangement is only six months old, your new work schedule may be deemed a change of circumstances that would warrant a modification of this issue. Once a court deems this a change of circumstances, the judge will perform a best interests analysis to determine if the child would benefit from giving your ex the right of first refusal.

  3. Jayson Lutzky

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Time will tell if the concern is valid. If he files for custody, then you can deal with it at that time. It all depends on the facts.

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Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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