Recently (in Ohio), I took my ex back to court for a modification of allocation of parental rights and responsibilities for our two minor children. IOW, I wanted more time with them under our shared parenting plan.
The court, after an in camera with the older child and a hearing, agreed and the magistrate issued a decision awarding me more time. Part of the Magistrate’s Decision (MD) stated (almost verbatim): “When one parent is working and the other is available, they should be offered the opportunity to care for the minor children.” In searching for an answer to my question online, I have seen this referred to as ‘first option’ and/or ‘first right of refusal’.
My ex filed an objection based on many things, but none of them related to the FROR. The Judge issued a Decision Affirming and Modifying the MD. The only modification was to clarify summer vacation arrangements because the magistrate had not clarified such. EVERYTHING else was affirmed and upheld. My lawyer filed the Judgement Entry (which was very concise, and detailed the major points, but did not mention FROR) and we all went on our merry ways.
My lawyer has not been responsive to any of my emails or phonecalls, and I found out later he was out for quite some time for a fairly major surgery. This is a whole separate issue I’m working through (as now she is appealing so it’s going beyond county to district court of appeals), but I’m just qualifying why I’m asking for input or references (not legal advice!) here instead of from my lawyer.
Is the ability to keep the kids when she is working a court-ordered right? Or just a suggestion (“should”)? Since the judge upheld the original MD in which it was stated, is it still valid even though it was not mentioned in the Judgement Entry? Would the court itself tell me if I asked?
My brain is melted from searching the Ohio Revised Code and local rules of court, etc. to try to figure this out. Does anyone have any input on this? Much obliged.
My recommendation would be: do not ask for this sort of advice here. I know you think you are simply asking for some broad strokes of the family law brush, the sort of thing that doesn’t implicate issues of representation, malpractice, etc., but this question simply cannot be answered with any degree of important precision without treading on dangerous grounds for those who would answer it.
Ask your attorney. Be polite, but firm, in requesting an answer. Alternatively, seek professional advice from a different attorney. But do not expect an answer of any true validity from a place such as this. That would be my advice to you.
Note, you are not my client and I am not your attorney; I am not licensed to represent people in Ohio and you should take any legal opinions I offer as having little or no value (that having been what you paid for them!).
It’s impossible to say without reading the exact words of the court order. Eh… plus I’m not a lawyer.
Try asking at freeadvice.com. They helped me a lot through a tough custody fight. Your attorney would still be the best place to ask, but maybe they can interpret some of the legal mumbo-jumbo at FA
