Right of First Refusal, Step Moms and Practicality

Question:elisabeth flemming attorney nevada

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nevada divorce lawyer Elisabeth Flemmingcontact Cordell & Cordell. 

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2 comments on “Right of First Refusal, Step Moms and Practicality

    Can you elaborate on “providing care in lieu of the biological parent”?

    I have primary custody of my children (in texas) because my ex used to travel extensively for work and I was more or less a stay at home dad. 3 years later, she works from home and I’m a paramedic with erratic hours. I have remarried, and my wife is the primary caregiver in our home (for her children as well as mine). My ex is filing for a custody modification to 50/50 and using emails from my wife stating that she is the primary caregiver since my work and school schedule is so intense as proof that I am not substantially involved. What is the allowable level of involvement of a step-parent? I view her as an extension of me, and time my kids spend with her is as good as time with me, but my ex is arguing that she’s more able to provide care from a biological parent and wants 50/50 instead of the Texas Expanded Standard Posession order. She states that a “step parent should be a supplement to, not a substitute for, the biological parent.” How good of a chance does she have of getting custody modified?

    Husband unable to exercise child possession in Texas divorce
    If a father has the rights to have the children but is unable to due to traveling for work, is it the mothers responsibility to take the children; although she may already have plans? Or is it the fathers responsibility to find alternate care?

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