My husband and the mother of his child have a parenting plan. The child is three years old and goes to daycare.
When it is my husband’s parenting time, it is often more convenient for me (the new wife) to pick up the child because I work closer to the daycare than he does. However, his ex prohibits us from doing this and claims she has the right of first refusal.
Is she correct? Is there anything we can do to modify or change this?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Without having reviewed the specific terms of the first right of refusal in the parenting plan, I can only generally advise you on this issue.
Typically, first right of refusals are meant to prevent the child from being in the care of the third party for an extended period of time (usually around two to six hours).
Therefore, it is highly likely that your 30-minute drives with the child from daycare to your residence would not violate the first right of refusal.
Furthermore, I do not believe providing transportation is similar to providing care in lieu of the biological parent.
It is important to have an attorney licensed in your jurisdiction review the parenting plan to ensure that your proposed pick-up plan does not violate the first right of refusal provision in this situation.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.