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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!