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About Jeff Laatsch
Expertise
WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...

Experience
Self taught and experience with working with various Court Clerks.

Education/Credentials
Masters Degree

 
   

You are here:  Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > First Right of Refusal

Family Law (Divorce, Family Relations) - First Right of Refusal


Expert: Jeff Laatsch - 7/1/2009

Question
First I am 30 years old & live say 45 mins away from my ex wife.  The question/problem I have is his:  She basically allows her mother & father to watch my son & her mother is really the reason why we even got divorced.  I ad to call the cops on her mom for running her mouth to me.  I live in Florida & dunno but I think that the ROFR clause is understood basically.  I get my son every wed Thurs Friday & half day sat every other week.  We made the agreement w/ the lawyers present that I'd pay 120.00 bucks a month which so she said would pay for the daycare because she knows the owners.  So I said ok as long as your mom, his grandma, doesn't watch him.  I then found out that on the mondays & Tuesdays she has him she works but leaves my son w/ her parents & doesn't send him to daycare.  Can I legally stop her mom, his grandma, from watching him if I  go pick up my son & bring him to her house once she gets off work.  I have no problem driving to get him or taking him home I just DO NOT want her mother watching him all the time.  I'm not saying I'd go get him every Mon or Tues but she is saying I can never do this because it's her day w/ him.  Also I found out that she let her mom take my 6 month old to the doctor w/o letting me know or asking me if I could take.

Answer
Mike:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county.

I recommend hiring a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options.

What you are describing is called 'First Right of Refusal' which is a clause normally in Parenting Plans/Divorce legal papers.  NORMALLY the courts want to see the child spend as much time as possible with EACH Parent.  

However, take in ALL your legal papers pertaining to your case and discuss your options.

Kind Regards,
Jeff

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