What to do if my ex-wife is stating she has a right to first refusal for times when I can’t bring my kids to their sporting events?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my ex-wife is stating she has a right to first refusal for times when I can’t bring my kids to their sporting events?
We have joint legal custody. I am the custodial parent and she has visitation rights but I maintain physical custody. She is a multiple-time convicted felon and has a personality disorder so I want to limit my kids time with her. There’s no stipulations in our custody order regarding right of first refusal so does she have this right?
Asked on September 2, 2012 under Family Law, South Dakota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I would speak with your attorney just to clarify and ask about how case law comes down on this because your ex is going to fight you and you need to be prepared. E.M. is correct that from what you have written your ex does not seem to posses that right. But it does not mean that she will not try and claim it. Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
From what you have written, if the child custody and visitation order clearly spells out the times that you and the "ex" have the children then the order controls particularly if there is no mention of any "right of first refusal". As such, the "ex" has no "right of first refusal" to exercise when it comes to your children based upon what you have written.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.