How does the "rite of first refusal" works in child custody? Do I have to inform ex that I am going to use it. I

Asked over 1 year ago - Morristown, NJ

fd case, joint custy, phy custy w mom,/parentng time in place. when I am off I get our child from babysitter's. mom is at work. I always ASK HER PERMISSION, sometimes she say no because, "our son is too much time w u lately". went to court and got order for "rite for 1st refusal". after that I continued asking for her permission as before. lately she started dening me since her mom will care for our son which i filed a motion against that unilateral decision.I have many days off during summer reserved 4 my baby. She called cops saying that if i show up to the babysitter I am breaking parenting time. Can I use my rite of 1st refusal? how does it work? I have to send e mail to mother saying I am using this right? tired beg her, cops, judge, babysitter to see MY OWN SON!

Additional information

crt order says rite of 1 refusal(ex: if parent is off from work can spend time w son). For the last 3 yrs during the summer each other friday i picked my son from babysitter 1:30pm until sat 6PM, visit plan says from 5PM friday to 6Pm sat. since she is being conflictive I want to use the rite of refusal to get the time frame from 1:30 to 5PM.SHe usually pick my baby at 3-3:30. Makes more sense have my son w me from 1:30 that I am off like we have done it for 3 yrs already

Attorney answers (3)

  1. Anthony J Van Zwaren


    Contributor Level 15


    Lawyers agree

    Answered . Right of first refusal means that if the custodial parent is unable to care for the child during his or her normal parenting time, the other parent will be offered the opportunity to care for that child (say mother has to go to hospital or business trip, the father can care for the child before the grandmother or another person on mother's side is asked to care for the child. This is maintained either in a property settlement agreement, or by court order. Check you existing orders to see if this has already been covered in your agreements.
    The article below may help.

    DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you... more
  2. Yolanda Navarrete

    Contributor Level 20


    Lawyers agree

    Answered . If you know she is not available during the time child is at babysitter, then you inform her that you will be taking the child, unless she becomes available. If it is a one-time or I frequent occasion, then she should inform you she is not available and give you the option.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely... more
  3. Jeffrey Alan Kerstetter

    Contributor Level 12


    Lawyer agrees

    Answered . Agreeing with the previous posts, right of first refusal essentially gives you the right to see your child and spend time with your child ahead of the child going to a babysitter or the like.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Physical custody

Physical custody means the parent that the child lives with. Most parents have joint custody, but depending on the circumstances a court may award sole custody.

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