Legal Question in Family Law in Maryland

My husband and his exwife have first right of refusal in their custody agreement (4 hours or more). She insists that I am only a babysitter and therfore when my is at work the children have to go to her. Am I considered a babysitter in this instance, are they required to go to her? She by the way does not always abide by the first right of refusal herself..and babysitter is not defined in their agreement.


Asked on 11/16/11, 8:43 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

I would have to read the language of the agreement to give you a clear answer, but as a full time stepparent you are much more than a babysitter. Who has custody under the agreement, or is it shared physical custody? If the agreement requires him to leave the children with her when he goes to work every day, since that's presumably for more than 4 hours, than she would be entitled to keep them during that time. Frankly, this doesn't seem to be in the best interests of the children, especially if you live in different neighborhoods. I assume they are too young to be in school. Parents should be able to work these things out so that the interests of the children come first. Obviously their needs are going to change as they get older.

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Answered on 11/16/11, 8:56 am


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