Can my exhusband tell me i can't use a babysitter?

Bankruptcy and Debt 12 views 4 answers
I have custody of my son except for Tuesdays and Wednesdays for 2 hours and every other weekend. My ex-husband will not allow me to have a babysitter when I an emergency or need to make plans. This is very rare, but sometimes I find myself not being able to get home exactly by the 7 drop off time. Does he have the right to tell me a babysitter can't be there to pick my son up from him?

Attorney Answers

4
John GillespieCriminal Defense AttorneyKissimmee, FL ·
Your time sharing agreement should have addressed this issue. Normally you would have to offer to let him watch the child before getting a third party to do it. But if that is not a part of your agreement he cannot prevent you from getting a babysitter. But why would you want a babysitter if your ex is watching your child?
0 upvotes
Rebecca Morgan ·
Look to the custody agreement first to see if it answers your question - many in FL have a provision that requires one parent to give the other the first option to care for the child in the event the parent seeking childcare will be away for a certain number of hours. In your case, it just sounds like a short period of time that you would be using the babysitter, so as long as it is a trusted individual I see no harm in what you are doing as long as your court documents don't prohibit it. If it continues to be a problem you could always motion the court for clarification of the timesharing arrangement.
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James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Ms. Morgan is correct, you should check your parenting plan to see if it contains language giving your ex-husband what is sometimes call right of first refusal. It may also specify the length of time you would be unavailable before this right kicked in. If you are unsure after reviewing your parenting plan, you should call the attorney who handled your dissolution back or contact a qualified local family law attorney like Ms. Morgan to review it and make sure you are in compliance. Good luck, please let us know if these answers are helpful.
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Steven Miller ·
Mr. Gillespie hit the nail on the head; if child with husband and you are going to be late picking them up, why not just talk to husband and let him know. If he has a problem keeping children for extra time, which you say is very short, then babysitter pick is no problem. Always take the option that puts burden on other party to deny a reasonable request. Looks much better if you end up in court.
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