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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am going out of town tomorrow morning and planned on my

Customer Question

I am going out of town tomorrow morning and planned on my children to stay with my wife, their step mom for 24 hours. My x wife is sending the police to pick up the kids right away as our shared parenting plan states that she has the 1st right of refusal if I am unavailable during my parenting time. Now that I am married, do I need to still give 1st right of refusal when we are a blended family?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but yes, you do. That is because your new spouse is a legal stranger to the children. She is not a legal guardian or a parent, she simply is married to you, but is not otherwise entitled to care for the children herself. It does not matter if you are a blended family or not, what matters is who is listed as either parent or legal guardian. Now, if your new wife is listed as a guardian, as guardian she can care for the children, BUT even then a parent's right trumps the right of a guardian with all other facts being equal. I do apologize, but your ex is correct in this instance.

Sincerely,

Dimitry, Esq.