Do You Have A Right Of First Refusal?

Question:

Is my ex-wife allowed to arrange a third party to look after our child during her parenting time when I am available?

During the upcoming Winter Break, my ex is going on vacation during her parenting time and told me our child is staying with someone else instead of me.

Don’t I have a right of first refusal in having my child stay with me when my ex-wife can’t exercise her parenting time?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though my knowledge is based on Michigan divorce laws where I am licensed to practice.

Where I practice, parents will often enter into what is known as first right of refusal. This requires both parents to offer parenting time to the other when one is not available to be with the child. You may have a similar clause in your divorce decree.

If you do not have first right of refusal, your wife is not prohibited from leaving your daughter with a third party when she cannot exercise her parenting time.

However, if this is a continued problem, you could seek modification of your parenting time through the court and ask that you have a first right of refusal.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Kathryn Carruthers, an associate attorney in the Michigan offices, contact Cordell & Cordell.