Need clarification


#1

In the custody order it has the thing about the first right of refusal. If either party is unable to provide care for more than 4 hours then the parent has to offer the time to the other party and so forth… Does this also mean while the child is sleeping? For example, this is my boyfriends week to have his daughter and when the mother found out that he had to work night shift (6pm-6am) she said that the child needed to come home and sleep at her house because she doesnt want her sleeping here at the house with me. Now, mind you the child has a bedtime of 9pm. Anyways, Just looking for some clarification because if it doesn’t pertain to while she is sleeping then she can stay here with me while he goes to work.


#2

This is an issue the agreement should be clear on-Interpretation could go either way. There is no easy answer to this question.


#3

You would think the attorneys who drew up the agreement could of made this clear.

However, it will be expensive to enforce this no matter what is written. It will be frightfully expensive if it is at all vague.


#4

Honestly, I would take it to mean the child should go to Mom when Dad goes to work. He isn’t able to be with the child, so she goes to Mom. Dad can pick her back up when he gets home from work or is otherwise available to care for her.

The essence of the Order is that the child should be with the other parent (or that parent should be given the opportunity to take her) when one parent is unavailable to care for her. It is more about the intention of the Order and that appears to be the intent.

Just a word of advice, you really don’t want to start pushing this, especially as the girlfriend. It will most likely open up a whole can of worms for Dad and roll downhill to you. Parent’s don’t take very kindly to non-parents involving themselves in child matters and it it very likely to blow up on you.


#5

I stay out of it however at the time he was unable to clarify with his attorney so this was another option.