Legal Question in Family Law in Florida

My husband and I are getting divorce. We have two boys that we alternate weeks keeping for now. When my husband keeps them a lot of the time he leaves them with his parents. Should not the readily available parent have first right of refusal instead of the grandparents? I live in Florida. My parents are not close and his i believe are a less than desirable healthy environment


Asked on 9/21/13, 8:57 am

2 Answers from Attorneys

Robert McCall Law Office of Robert McCall

Most Judges grant the right of first refusal to a parent, then grandparents. Be careful as to wording of any settlement agreement, right may be easily waived.

Some Judges say as long as it is the spouses time and the children are left with fit and proper persons it is OK. You need to find out the Judges position.

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Answered on 9/22/13, 6:55 am
John Smitten Carey and Leisure

Yes you should ask the court that.

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Answered on 9/22/13, 11:45 am


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