Legal Question in Family Law in Illinois

My ex has the "Right of First Refusal" if I am to be away from the children for more than 5 hours during my parenting time. He has recently advised me that from now on he would like me to advise who I plan to have caring for the children if he is unavailable . He will then use this information to determine what is in their best interest when determining if he wants to make himself available. I typically will leave them with my family or their nanny (who he helped to select - 19 years old). Bottom line is, he will let my parents have them (sometimes), but typically not their nanny. He is of the belief that they are better off with family. It would seem to me that I should just have to ask if he is available, and if not, I should get to choose who my "stand in" will be. Do I really need to let him know up front who I plan to use, so he can then decide whether that person is worthy or if he would rather keep them himself?

Additionally, he is now asking that he have automatic rights to keep them if they are off of school for the day (during school year) and I plan to go to work. Typically the nanny would watch them. I suspect, he would simply like his new wife to watch them when she is home with her own children. Does his very recent marriage give reason to require a change in our JPA? I like it the way HE originally wrote it - very standard wording.

Thanks,


Asked on 2/23/10, 9:18 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Without seeing the JPA it is hard to answer. If the JPA requires that you tell him who you are planning to leave the child with, then you have to tell him. Otherwise, if it does not, then you can refuse, tell him you are offering him the time, and if he wants it to exercise it, otherwise you will do as you see fit. He should have so much control over your life. you are no longer married. If the JPA does not give him school holidays, then it is up to you. If he has problems with it, then tell him the issues have to be mediated.

Read more
Answered on 2/28/10, 12:37 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois