My custody schedule has a right of first refusal clause that my ex-wife exercises almost every time I have to work, though she never lets me use the clause when she is busy.
Per our parenting time schedule, I have the kids every other weekend and every Tuesday night to Wednesday, but since I work Wednesdays she always takes the kids even though I have daycare arranged.
It’s not fair that she always gets to use the first right of refusal, but I never get to. What can I do?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
In general, the right of first refusal does not apply during time that you are regularly at work or the child is regularly in school or daycare. Therefore, the opposing party would not have a right to your Tuesday evening visitation and you would take the child to school or daycare the next morning.
If she is not offering you the right of first refusal when it is triggered, then that is a violation of the order and you could possibly have an action for contempt.
If you have daycare for the child, then the child needs to be in your custody and control during your visitation times. If the opposing party is refusing to give you the visitation time that you are awarded in the order, then you could have an action against her such as contempt or a Motion to Enforce Visitation.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.