If it's in the agreement that parenting time is for biological parents, then yes you get offered parenting time first, before a child would spend extended time away from the biological parents. |
What happens when your child is 10 and really wants to go Lego day camp with his friends, or he’s 14 and he wants to go to a sleep-away lacrosse clinic with his team, and your ex decides he’s going to exercise his ROFR? Your provision is about you, not about what is best for your child. |
Part of parenting is giving your kids a variety of experiences, including social experiences and experience with separation. Divorce doesn't mean the kid should give those things up! |
exactly. ROFR is for very young kids and should be carefully tailored to the situation. to me the nightmare would be that if I, say, had a work event to go to one evening when I had custody time I’d have to “offer” that to my ex before getting a sitter. He says yes and then guess what - flakes out and refuses to come get kid, leaving me screwed. ROFR should really be very carefully drafted to make sure YOU get the flexibility you need, and that it won’t hurt the child. Probably should in any event sunset by the time the kid is in mid-elementary. |
The ex would still have this imput if you were still married-if you were married one parent could still say no to that. And good luck to an ex who keeps a 14 yo instead of letting them go to the clinic-I'm sure child would be super pleasant and fun in that situation LOL. If I go on a business trip on my parenting time, I offer ex the time first, before arranging care. Why shouldn't ex get parenting time with his own dc before a grandparent or friend? That is what rofr ensures. It's in the child's best interest to be with one of their own parents. That's why that provision is there. The clause also means that the other parent |
It doesn't mean kid 'gives those things up'. It means that both parents have to be ok with it, like it would if they were married. I mean, if you are fine with the idea of your kids spending time with whomever the ex thinks is fine to leave your kids with, and you don't want the parenting time-don't put rofr in your plan. But it exists for very valid reasons. |
The solution in this case would be to make rofr for maybe 8 or more hours, so it wouldn't apply to an evening work event. |
Thank you! I don’t know abt religious allowance but I pulled a clause from a state that’s more conservative than mine. Our kids have not been raise religiously and they are above elementary school. Will see what flies. As of now, it just requires consultation and mutual consent for formal religious education or continuous services. Thank you!!! I’d almost forgotten orthodontia. |
OP here- the clause I have now that’s applicable to this is that any unsupervised by parent time anywhere other than school, camp, classes requires consent unless we’ve shifted as mutual general rule for any kid. That shift is revocable. Again, will see what flies. |
Thanks for the gun reminder! And, I had to already fight out the new girlfriend and ROFR scenarios four months into separation so mine will be super conservative but I’ve also got clauses abt mutual consent in re kids being left with non-proved sitter or caretaker. It was a nightmare. On the other hand, I don’t worry abt seatbelts. Kind of like you don’t know who you’re married to fully until you divorce them. |
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We have ROFR and while neither of us have used it to get more parenting time, it has been helpful for me as far as data collection.
Having said that, I have someone I know whose ex wanted ROFR so that they could know whether she was dating. Obviously not OK. |
the point of divorcing is so that you minimize the amount of agreements and contact you have to make. ROFR means that you potentially have to negotiate with your ex every time you want to leave the kid for three hours. this may make sense for an infant but not an older child. and there can be unintended consequences like your ex flaking on an agreement to take the kids or blocking a sleepover with cousins. barring some specific concerns (like not trusting a grandparent babysitting or thinking your ex will just pawn an infant off on a nanny) the best parenting agreement will be limited to the *actual* concerns you have, rather than being overly prescriptive. there are some theoretical issues you do want to cover because they are so important, like relocation. but you don’t want to try to dictate every tiny thing. |
Actually, you should try to spell it out clearly. That leaves less room for conflict. You don't 'negotiate' with rofr. You offer the time and they accept it or not. No reason to say why you are offering time, just that you are. It's not complicated. |
when you’re married, both parents don’t legally have to agree to a sleepover. a ROFR in a parenting plan is a legal requirement. the *whole reason* you are divorcing is that you are in some way bad at communicating and don’t get along - so the parenting plan should strive to reduce friction points where you have to communicate. there’s a reason why what you do with parenting time is generally controlled by the other parent - because you as a couple are bad at agreeing in some way! |