Sounds like your standard clause needs revisions
Parents who include right of first refusal basically want the opportunity to watch the children when the other parent has them. This means that instead of calling a babysitter when a parent wants to go out, the parent calls the other parent first and gives them the right to first refuse the children. So, let’s say that the mother of two little boys decides to go on a three day vacation during the week when she has custody. Instead of calling her parents to watch the children, she must first call the boys’ father and give him the right to have the three days with the children. If he refuses, then she can find someone else to watch them.
You can set the time for when the parents have the right of first refusal. Some parents have the provision that anytime a parent is going to call someone to watch the children (even if it is just for an hour) they have to first call the other parent. This can be kind of difficult, and so many parents set the time from between 5-8 hours. So, if a parent is going to be away from the child for more than 5 hours (or whatever the exact hour you choose) they have to call the other parent to watch the children.
The right of first refusal custody provision can really enhance your agreement. It can also get you some extra time with the children, and you can be confident that the other parent isn’t dropping the children off with other people for extended periods of time. Custody X Change includes this and many other custody agreement provisions for parents to include in their plan.
Note: if the other parent fails to comply with the right of first refusal, the parent has violated the custody agreement or parenting plan. You can file a complaint with the court to show that the other parent is in contempt of the custody order. You may have to go to court and show evidence that the right of first refusal was denied. If possible, you can discuss the situation with the other parent first to come up with a solution.
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Great explanation from Ms. Elder! If it is your parenting time, but you cannot be with them for any part of it (even a 15 minute run to the store), then you need to call your EX and ask if he/she can come over or for you to drop them off for that time. If they say no, then it is okay for someone else to watch them during that time. Of course, during "regular" working hours it is anticipated that you will either have daycare, or another guardian (not in the legal sense, but in the practical sense) watching them, unless you and the EX made other arrangements for that time. In this case, the third shift is "regular". This clause and term is simply used because you do not want to have to call every day you are going to work and ask the EX if you should drop off the kids.
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Sometimes a First Right of Refusal Provision can cause more conflict than it is worth; especially when it is limited to such a short duration. (or in this case-not specified at all). Some courts take the approach that nothing less than a 24 hour first right of refusal will be ordered because anything less than that requires constant contact between the parties about where he or she is going and when he or she will be back. It may make sense to think about defining the scope of the first right of refusal provision with the other party to include a specific time frame; whether it be 4 hours, 24 hours, or taken out altogether.
This is not intended to constitute legal advice or to establish an attorney-client relationship. More information about the circumstances of your case is necessary to give an accurate answer to your question. You should contact a licensed attorney for more information.Ask a similar question
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