Shared parenting ?

[Tuddle]

My Xwife is very controlling & limits me on time with my girls. My ? Is... If she goes out of town doesn't she have to give me first right at watching them. She calls her mom in GA when I'm right down the road.

Tuddle

[Attorney Cheri Hobbs]

There is a presumption of right of first refusal but every final judgment of dissolution/paternity is different. You might want to start documenting how often she chooses to have a third party (family or friend) watch the child(ren) when you are available and/or without asking you. You could try e-mailing her (to keep a record) and asking her to allow you to spend the time with the child(ren) if she will be unavailable. If your Final Judgment has a clause concerning right of first refusal you can enforce it. Otherwise you would need to speak to an attorney to see your next step.

[Tuddle]

I do not have a first right of refusal clause. How difficult is it to Go back and change the the time sharing portion? I'm going crazy without my girls!

Thanks

[Attorney Howard Iken]

To actually change the language of the final judgement or marital settlement agreement is a pretty big deal. You would have to file for modification.

[Tuddle]

Is that something I could do on my own since the other crap has already been figured out? Can I modify just one part?

Thanks

[Attorney Howard Iken]

Maybe, maybe not. There are standards you must meet before the modification "floodgate" opens. You may not satisfy that standard.