We do not have right of first refusal as part of our seperation agreement. When my ex needs to be out of town for extended periods of time, she makes arrangements for our children to stay with someone else at their home. My attorney advised that when this occurs, I have a right as their parent (joint legal custody) to get them and have them stay with me. Her attorney says I have no legal right to do so. Someone’s attorrney is obviously not correct. What is your opinion pls ?
I would need to review the legal custody provisions contained in the agreement before being able to give a complete response, but if it is her custodial time and there is no provision for a right of first refusal, I would likely agree that you do not have any right to disrupt the custody schedule because she is out of town.
If the provisions are contained in an agreement, you should consider filing a child custody action, and ask the court for a right of first refusal. If she travels frequently, I believe there is a strong argument why the children should be with their other parent rather than a 3rd party.