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 ?
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!
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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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Divorce / Separation Lawyer
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.