There can be nothing more frustrating than dealing with an ex-spouse or significant other with whom you have a child. Unfortunately, in many cases, the acrimony that developed during the breakdown and breakup of the relationship often continues long after any legal proceedings officially ending the relationship has passed. A post-divorce lawyer in Tampa Florida understands this can make it particularly difficult when having to deal with that person on a regular basis because you are both parents of the same children.
There are many co-parents who have a cooperative parenting relationship and are agreeable and flexible when it comes to their child custody agreement, however, for those parents who have not been able to develop that type of relationship, many states have established right of first refusal laws. In states that do not have a right of first refusal, parents can have a provision placed in the parenting agreement.
Right of first refusal goes like this: When a parent is scheduled to have physical custody of the child, but is unable to care for the child during that time and will need childcare, that parent is required to ask the other parent if they wish to have the child during that time.
Typically, the amount of time the custodial parent will be away from the child that requires a right of first refusal is a minimum of four hours. There is often some kind of minimum notification required, usually 24 hours, and the other parent must respond usually within 24 hours, as well. A Tampa FL post-divorce lawyer can explain the details of how Florida family law addresses right of first refusal.
The following scenario is an example of how the right of first refusal law or provision works: Parents have joint physical custody. Father has custody from Monday until Wednesday afternoon. Mother has custody from Wednesday afternoon until Friday afternoon and they alternate weekends. Father has to go out of town for a business trip. He is leaving Monday morning and returning Tuesday afternoon. Under the right of first refusal law, he is required to offer that parenting time to the mother before he makes other childcare arrangements.
If your state has a right of first refusal law or you have a provision in your custody agreement, but your ex refuses to offer you parenting time when they need childcare during their custody time, this is a violation of the law or custody order. They could be held in contempt by the court. If you are having this issue, contact a divorce attorney Tampa FL trusts to find out what legal options you have.
Contact a Tampa FL Post-Divorce Lawyer
If you are having issues child custody issues or any other family law problems, contact an experienced post-divorce lawyer Tampa FL clients recommend. Whether you are facing a first-time custody battle or have modification or other issues that need to be addressed, the legal team at The McKinney Law Group is here and ready to help. Call our office today to schedule a free and confidential consultation.