Legal Question in Family Law in Arizona

What circumstances does right of first refusal apply? Does it take priority over the parenting agreement? How can the "regular working hours" be interpreted if parents work differing schedules? Our agreement states that both parents will offer the time to the other parent outside of regular working child care arrangement times, if he/she is unavailable. When we signed the agreement father worked a normal schedule, but now father works 5pm to 2am. Mother works m-f 6:00 to 3 pm. When does the right of first refusal apply ? Do I have to notify father if I am unavailable during his scheduled working times? He also sleeps from 3 am to 12 noon making him poorly suited to care for the child during the early to late morning. Our agreement also states father is no longer to have overnights with the child by agreement of both parents. I will be staying in the hospital at least one night to deliver my 2nd child and father is trying to invoke right of first refusal as grounds to get overnight time and extra visitation after I leave the hospital. He claims I will be unable to care for our child and my newborn so under right of first refusal he is entitled to keep our daughter.

Asked on 3/24/14, 8:40 am

1 Answer from Attorneys

Carlie Owsley Walker The Owsley Law Firm, PLLC

If the agreement/order states no overnights, then this provision should not apply. There are additional steps you should take in my opinion, including but not limited to filing a petition to modify or clarify this provision. There are other methods we should discuss in more detail, but we would want to know more detail to give you the best possible answer specific to your family law matter. We offer free 30 minute consultations if you have further questions 623-748-8973. I wish you the very best.

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Answered on 5/05/14, 7:31 am

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