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Author Topic: Firs Right of Refusal  (Read 1095 times)

mango

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Firs Right of Refusal
« on: Apr 15, 2004, 01:19:23 PM »
We share 50/50 joint custody in Ohio, child of age 10. Last year the mother decided to leave the country for over 8 weeks (for school in France) and have someone else (her mother) do the exchanges. She figured no-one would ever know she was gone, and asked the child keep quiet about her travels. The child stayed with the grandparents while she was gone. Mother is residental parent for school only, and grandparents do not live in the district.

1 - My question is wouldn't the father have the right to have full-parenting time if the mother is away (especially if out of the country) for that long a period?

2- Could she be held in contempt of court for not telling the father she was out of the country?

3- Does the grandparent (third party) have the right to parent on mothers parenting time over the father??

4- If she plans to do this again, is there a way we can have the full-parenting time.


socrateaser

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RE: Firs Right of Refusal
« Reply #1 on: Apr 16, 2004, 12:26:02 PM »
>1 - My question is wouldn't the father have the right to have
>full-parenting time if the mother is away (especially if out
>of the country) for that long a period?

No, unless the custody orders or the statutory/common law of the state of OH expressly grants such a right.

>
>2- Could she be held in contempt of court for not telling the
>father she was out of the country?

If the law gives you the right of first refusal to exercise custody, then yes, otherwise, no.

>
>3- Does the grandparent (third party) have the right to parent
>on mothers parenting time over the father??

In the absense of a law or court order to the contrary, a parent granted custody may reasonably delegate the custodial duties to anyone who they deem fit to act in the child's best interests.

If such a delegation were to be for an indefinite or very prolonged period (more than 90 days), that would likely qualify as a substantial change in circumstances and permit the other parent to move for a new custody hearing.

>
>4- If she plans to do this again, is there a way we can have
>the full-parenting time.

You could file a motion requesting that you have the right of first refusal on grounds that the mother has, in the past, voluntarily delegated custody to the child's grandmother for an extended period, and that there is a likelihood that this will occur again in the future.

It's a coin toss on what a judge would do.


 

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