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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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I have 50/50 joint custody of my 3 year old son. In our

Customer Question

I have 50/50 joint custody of my 3 year old son. In our order is a right of first refusal that states: "If a parent is unable to care for the child for 4 hours or more during his or her parenting time, he/she shall first offer that parenting time to the
other parent before making alternative arrangements for the child's care." I have worked from home in order to be able to care for my son. His mother has no job and stays home with our son during her parenting time. Now I have a full time job offer where I
would need to put my son in day care for some of my parenting time. My question is, would this situation invoke the right of first refusal? Or is the ROFR meant for one time events that come up, not ongoing daycare situations? This is a very contentious custody
situation, and I am afraid his mother would use this as an excuse to re-fight the custody and parenting time.
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 2 years ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

While I cannot comment on your specific case, generally this would mean that ROFR would apply under similar circumstances, any time one parent cannot care for the child for 4 or more hours, so if the mother raises the issue, then it would have to be sorted out in the family court which has issued original child custody / visitation order.

I am sorry to provide you with this bad news and wish you the best of luck!

Expert:  Alex J. Esq. replied 2 years ago.
Expert:  Alex J. Esq. replied 2 years ago.