Legal Question in Family Law in California

First Right of Refusal

My husband has the first right of refusal for any child care over 5 hours in his divorce decree. He asked for this because his ex-wife continues to allow their son to be cared for by friends of hers, and the friends end up with more custodial time than he does. Well, his ex-wife says that her friends are not actually providing child care for their son; she says that their son is ''visiting'' the friends and therefore, she doesn't need to offer him the right of first refusal. This is a woman who would prefer to take her son to work with her, rather than allow my husband any additional time with his son. He has a follow up court date in a few months and is keeping track of these incidents. But the question is - just how serious is this to most courts? My husband's attorney says that it is a clear violation of the custody agreement, but doesn't know if the court will look at it that way. Thanks.

Asked on 11/11/02, 2:21 pm

2 Answers from Attorneys

Patrick McCrary Law Office Of Patrick L. McCrary

Re: First Right of Refusal

You attorney is more familiar with the facts than we can be. His advice sounds correct, the court will take some notice of the possible violations, but what they would do will vary by the judge. Good Luck, Pat McCrary

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Answered on 11/11/02, 2:43 pm

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: First Right of Refusal

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at -- OR

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).


You husband's attorney is right. Judges have a lot of discretion in this regard. It is a fact sensitive issue. The judge's interpretation of the facts as presented by the attorney may depend upon the judge's attitude in general or the mood of the moment.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 11/11/02, 9:47 pm

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