Child Custody

questions & answers

Question: We have 50/50 joint custody and joint decision making. Can one parent refuse to let the other parent be the first option of watching their own children?

Answer: I think I understand what you are asking, but am not totally certain.  I assume your questions is this:  When the other parent has the children and needs a babysitter, shouldn't you be the first choice?  If that is your question, the answer depends on what it says in your custody agreement.  Unless it specifies that each parent must give the other the first option to babysit, the parent who currently has the children in his or her custody is free to choose.  There is no rule or law requiring one parent to allow the other to spend time with the children during his or her parenting time unless language in the custody order requires it.  Sometimes the custody "parenting time" agreement will have a box  stating the other parent will always be first choice to watch the children.  If it does and if the box is checked, then the other parent does have the right to be the first one called to watch the children.