Legal Question in Family Law in Kentucky
Visitation
My ex boyfriend always works on his designated weekend visitation. So when he's at work, his 17 yr. old girlfriend who is still in high school babysits and when she has to go to work, she takes my daughter over to her parent's house, which she does without consulting me. I have also never met her parents. Do I legally have to let my ex take our child for visitation even though he has to work?
1 Answer from Attorneys
Re: Visitation
First, check any custody orders issued regarding visitation. If there is a "right of first refusal" clause, then you have the right to keep your daughter whenever her father is at work. If there are no visitation/custody orders at all, then there is no legal obligation at this point.
However, the most likely situation is that there is a standard visitation order in place and no "right of first refusal" clause. In that case, it is his decision whom he gets to babysit during his time-share and you have to send your daughter to the visit.
If you have reason to believe that this is not in your daughter's best interest, you can file a motion with the court to modify time-sharing and request a "right of first refusal" clause to be added to visitation. That would mean he has to offer to leave your daughter with you whenever he works during his visitation.
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