Jave
recently joined
Reged: 07/19/11
Posts: 1
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I am here in utah and am the noncustodial parent. I would like to know if during my uninterrupted visitation time, i have to go to work, does the right of first refusal take effect or do i have the right to let my family watch my child during that time?
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cincsu
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
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it only applies if it is in your court order. does the order say when it applies and for how many hours? does the other parent work the same hours you do?
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wife of 1, mother of 2, stepmother of .3475902453
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annatof4
member
Reged: 07/13/11
Posts: 125
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If it is in your CO. Right Of First Refusal means that before either parent can use the services of a baby-sitter or other third-party caregiver, the other parent must be given the opportunity to care for the child during that time. Whether CP or NCP. So, if you get called into work, you must contact the other parent and offer the time. IF that parent declines the time (plans, whatnot) then you can let your family care for the child. IF the ROFR is not written into the CO/parenting plan, then you can do whatever you like. There is usually a time frame of 24 hours, but it differs. If there isnt, I would get it in there and IF you have it in the CO. Either party can start arguing about any amount of time....then it can just get ridiculous.
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kkimberh
enthusiast
Reged: 03/24/10
Posts: 391
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However anna - Right of first refusal doesn't normally include family because the parent's family is supposed to see the child on that parent's time - therefore, the parent normally is allowed to use that time to allow family to spend time with the child.
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I love therapy. It's like a talk show, where I'm the guest and the only topic is me.
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annatof4
member
Reged: 07/13/11
Posts: 125
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Re: Right of first refusal and uninterrupted visitnt must notify the other parent if first parent, for whatever reason, cannot be with the child during their parenting time. Im not saying that it is right....but that is the purpose of ROFR. In some states, maybe it is allowed, but to the best of my knowledge it is not. Or it is written in the ROFR revision. I have a ROFR with my ex. I wanted to do the same as I had a conference that was out of town. It was only around 10 hours of "my" time, but the ex had a tiff...therefore we have a ROFR revision.
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annatof4
member
Reged: 07/13/11
Posts: 125
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Sorry, laptop had a hiccup. Lets start over.
I beg to differ kkimberh. ROFR does in fact only mean the parents. A parent must notify the other parent if the first parent, for whatever reason, cannot be with the child during their parenting time. Im not saying that it is right....but that is the purpose of ROFR. In some states, maybe it is allowed, but to the best of my knowledge it is not. Or it is written in the ROFR revision. I have a ROFR with my ex. I wanted to do the same as I had a conference that was out of town. It was only around 10 hours of "my" time, but the ex had a tiff...therefore we have a ROFR revision.
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MrsB
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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It doesn't always only mean parents. Usually stepparents are not included in ROFR. It also depends on the cicunstances and what the CO reads and the laws in a particular state.
Edited by MrsB (07/20/11 08:02 PM)
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annatof4
member
Reged: 07/13/11
Posts: 125
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Here are some links to help better explain. [censored]://[censored].dadsdivorce.com/articles/ask-a-divorce-lawyer-right-of-first-refusal-clause-age-of-emancipation.html
[censored]://[censored].custodyxchange.com/blog/2010/06/right-of-first-refusal-in-your-parenting-plan-or-custody-agreement/
These sites do not seem to be state specific.
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11736
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Anna, most of us have been around here (and the court systems) for years. Mrs. B and kkimber are correct in that the ROFR does not normally include step-parents. ROFR also normally has a time frame...such as if you need to seek a babysitter for more than 4 hours (example), then you will first offer the time to the other parent.
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annatof4
member
Reged: 07/13/11
Posts: 125
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I am not saying that it does include step parents.....??? I am confused.
I responded to "However anna - Right of first refusal doesn't normally include family because the parent's family is supposed to see the child on that parent's time - therefore, the parent normally is allowed to use that time to allow family to spend time with the child." from kkimber. Which is NOT correct.
I am not sure where anyone got step parent included with my comments.
"ROFR is only for parents", where have I said differently? Parents does NOT mean Stepparents or Grandparents for that matter. The other parent must be given the opportunity to be with the child. Before step parents, family, friends, etc are even considered to care for the child. Hence, the right of first refusal. The PARENTS have the right to refuse the time if they choose too.
I do not understand why people have to point out their history of this site and/or experience. If you have read what I have said, you would see that, we are on the same page M5M5.
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