Short answer is no. You should have had something in a parenting agreement that would require that if one parent is going away without the child, then the other parent will have the right of first refusal to care for the child before the custodial parent can place the child with a third party. And if there are any issues about the other person, or you don't know anything about the person the mother intends to leave the child with, you should probably file a petition in court right away to reflect that the mother will need your permission before leaving the child with a third party.
DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you have entered into a fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid the required fees. The information contained in this email may be privileged. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please delete this message and any attachments from your system and notify us.
It depends on what your agreement or order relative to custody / parenting time indicates. Contact a family law attorney in your area to help you. They might advise you to file a motion, to make sure that you get a "right of first refusal" in the event that the child's mother decides to go away.
This office does not represent you. This email does not form any attorney / client relationship. In order to form an attorney client relationship with our office, our office requires both a signed retainer and payment of any initial fee. Further, since we have very limited facts relative to your matter, you should not rely on any of the general advice set forth within our answer. I would strongly recommend that you speak with counsel regarding your issue.
I am not certain as to what your written settlement agreement or Court Order states. It would seem to be fair to give you what is called the right of first refusal if the child could stay with you while the Mother is away, if it is even realistic depending on where she lives and the geographical distance between you and the child, as well as the age of the child and whether there are other siblings involved. You should counsel with an attorney local to you to get a full statement of facts.
You have the first right of refusal as a biological parent, however, many cases are fact sensitive. Before the mom leaves for vacation, I would hire an attorney to write to the mother, to assert your first right of refusal. If the mother does not respond, I would threaten motion practice, and counsel fees.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline