The Right of First Refusal is a court-ordered right , usually negotiated in an agreement between the parties, granting the non-custodial parent an option to care for the child or children during the custodial parent’s designated time, when the custodial parent is otherwise unavailable, instead of placing that child in
Parents can offer the other parent the opportunity to spend extra time with the child before relying upon a third party–even when they are not legally required to do so. A mandatory “ Right of First Refusal ” is not needed in a custody agreement for parents to work cooperatively on child care arrangements.
How is This Clause Enforced ? Both parents have to state and agree that they want the right of first refusal clause placed into the child custody agreement. Once it is included in the agreement, the parent who has custody of the children will have to contact the other parent to see if they can watch the kids.
Specifically, a judge will give more weight to an older child’s preference, such as a child over 14. Generally, a judge won’t give much consideration to a child’s wishes if the child is under 10.
Conversely, a parent could circumvent the ROFR altogether if grandparents are deemed an exception to the ROFR rule, and grandparents live nearby. Most commonly, the right of first refusal applies to avoid children being in the care of a babysitter when they could be with their other parent.
As the custodial parent , you do a have right to basic contact information, including the address where the child will be.
The right of first refusal is usually triggered when a third party offers to buy or lease the property owner’s asset. Before the property owner accepts this offer, the property holder (the person with the right of first refusal ) must be allowed to buy or lease the asset under the same terms offered by the third party.
This means when you draft a right of first refusal clause, you need to specifically include step – parents as parental care. (Sometimes parents want a boyfriend/girlfriend to be considered parental care. Boyfriends and girlfriends almost never last very long, so they shouldn’t be considered parental care.)
Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there. Both parents should realize that visitation schedules may change as children age and their needs change.
Your plan must designate if one parent has sole legal custody or if parents share joint legal custody. This determines who has the authority to make decisions for and about your children. You can also specify if one or both of the parents will have access to a child’s school or medical records.
1) As mentioned already, your current parenting plan, parenting time/custody order, or divorce decree prohibits your ex’s partner from being around the kids and/or babysitting. If that’s the case, having the ex’s girlfriend /boyfriend around the kids or babysit would be a violation of your current court order.
Primary Custody Falls to the Mother No matter how fit the father is, in Utah the unmarried mother gains a natural right to custody after the child is born. As a result, she has legal control over the child and her rights are superior not only to the father’s, but also to any other person.
Generally though, the older your child is the more emphasis the court can place on their wishes and feelings. At the age of 10 or 11 for example, a child’s wishes may be considered by a court but would not be the determining factor in any decision.
The court will consider the child’s wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. Usually the court will not consider child’s preference unless the child is at least 14 years old.