Legal Question in Family Law in Florida
1st right of refussal
I have this provision on the divorce for our childrens care. If one is not able to care for them, we nee to ask the other parent first before seeking care elsewhere.
My ex is demanding to know what I will do with them during this time. If I dont tell him what I have planned, or if I am not with them the whole time he refuses to let them be with me.
This stems from me taking the children to their grandparents while I went to work.
It is my understanding that what I do with them on my time is not of his concern and vice-versa. We are both working parents.
What recourse do I have?
2 Answers from Attorneys
Re: 1st right of refussal
seek enforcement in court.
Re: 1st right of refussal
As a general rule you are correct, what you do with the kids on your time is not his business. However, there are several exceptions to that rule. One of those exceptions is the "right of first refusal" clause, like the one you have in your agreement. I almost never allow these clauses when I draft agreements, since they end up allowing the other parent to control your time and ending up taking away time from grandparents.
Unfortunately, your agreement probably requires you to let him know your plans with the kids and requires you to let him have the kids when you can't be with them.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
