Custody question


#1

My ex-wife and I have equal and joint custody over our son. We reside in the Raleigh NC area. We have a set schedule we try to stick to for the sake of our son…consistency and predictability. However sometimes we need to deviate. Mostly because of my ex-wife’s business/travel schedule. What I’d like to know is if one parent is scheduled to have custody on certain days but has a schedule conflict (i.e. business travel), does the other parent have first right to take their child during that period or can the “scheduled” parent choose who watches over the child over that period of time (i.e. a baby sitter, friend, relative, etc.)? Thanks!


#2

You’ll have to look at the document controlling your custody schedule for the answer to your question. Some agreements and court orders include a “right of first refusal” which affords the other parent the first chance at watching the children when the custodial parent can not. Some orders and agreements do not contain this clause, however. If it is absent from your document then there is no requirement that you get first opportunity to watch the children when she is unable to.