Legal Question in Family Law in Arizona

In our stipulated judgment it states "Ask the other parent if he/she wants to take care of children. Each parent agrees to consider the other parent as care-provider for the minor children before making other arrangements.

We also share legal decision making. She has recently decided to remove our son from Daycare without talking to me first and is looking for a in home sitter. Our son has been in day care since July of this year (once again done without talking to me or asking me if I want to watch him for those hrs) I've asked for the name of the Daycare, his teachers names, if I'm on his forms incase an emergency. she will not give the info by avoiding the questions when I ask.

Is my son's mother required to ask me before she makes other arrangement for child care. She said her lawyer told her she didn't need to. Is she required to consult me before making those changes? What can I do to insure she is following our court order?

Asked on 10/07/17, 11:30 am

1 Answer from Attorneys

Joan Bundy Joan Bundy Law

This is called "right of first refusal," and it means that if either parent will be unavailable during their assigned parenting time, they will ask the other parent if they would like to watch the children before seeking a babysitter. When you are both working, that is a different matter, of course, and you need to agree on the daycare provider or go to mediation/back to court, depending on what your court papers say. Best of luck!

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Answered on 10/09/17, 10:55 am

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