Divorced Parents' Ability to Designate Who Watches Children When Busy

Divorced clients often dislike whoever their ex-spouse has watching their children during the ex-spouse's residential time.  These clients then ask whether their ex-spouse has the legal authority to choose who cares for the children when the kids are supposed to be with the ex.  The answer is "usually they do have that right."  In the seminal case Magnusson v. Johannesson, 108 Wash.App. 109 (2001), Division I of Washington's Court of Appeals wrote that "[o]rdinarily, a parent may designate other caretakers even though the parenting plan makes no special finding or conclusion on the topic."

Divorcing parents concerned about this issue have recourse, however.  Typically courts will write a "right of first refusal" into the parenting plan if one of the parents simply asks for it while the parenting plan is being formulated.  This "right of first refusal" requires the parents to offer the child to the other parent when the former parent is unable to watch the child him/herself.  If you are fearful of who your soon-to-be ex-spouse might have watch your child(ren), you should certainly consider requesting a right of first refusal.

Another option is to request that the parenting plan prohibit either parent from placing the child(ren) in the care of certain named people who are known to be dangerous.  For example, a divorcing spouse might ask the court to order a parenting plan provision that states "Neither parent shall expose the child to John Smith, who has two drug-related convictions."

Once the parenting plan is in place, concerned parents typically find themselves without much recourse except in extreme scenarios where the other parent places the child in the care of someone dangerous to the child's well-being.  Endangering the child can be reason for a domestic violence protection order.  Jeopardy to the child's well-being can also be reason to modify the parenting plan depending on the magnitude of the suspected harm.

If you read this post, you might also be interested in:

1. Divorce in Snohomish County: A website offering free tips and explanations.
2. Genesis Law Firm, PLLC: Divorce Attorneys in Snohomish County.
3. Apportionment of Long-Distance Travel Expenses in Washington Custody Cases.
4. New Test Disproving False Accusations of Alcohol Abuse in Snohomish County Custody Disputes.
5. Child Witnesses in Family: Using Child Witnesses in Snohomish County, Washington Divorce Cases. 
6. Interplay Between Divorce and Federal Tax Filings in Washington State