No, you’d have to tailor it more than that. If it’s an infant or small child, you might want it to be less than 8 hrs. |
so this effectively means that your stbx gets veto power if you want to let your kids stay with your mom. |
yes it can be complicated. the ex can fail to respond quickly. the ex can day he will take kids then flake. the ex can irrationally block things like grandparent time. the ex can use it to control dating. the ex can use it to interfere with new relationships. the clause needs to be very carefully drafted and you need to consider your motivation for including it, and realize it applies to you and not just the imagined bad things your ex will do. |
Well, if you're fine with the ex leaving the kids with whomever on his parenting time, and you don't want the time with your kids, then don't put rofr in. |
So, you just say "Do you want Larla from 2 to 6 p.m. on Saturday?" and not "Larla was invited to Zoe's birthday party. She really wants to go to. The party is at X place. Can she go?" Because the former seems unfair to Larla, and potentially to the other parent who is being set up to disappoint their kid. |
I mean, the most obvious and simple solution to this if you think the other parent would stop them from going, would be to stay at the party for 5 or 10 minutes or show up 5 or 10 minutes early. Then she's not away from you for over 4 hours. That's completely legal. |
It would be much better not to open the door to this in the first place. Can you imagine having to get permission from your ex for every playdate? Unless there’s some compelling reason, just leave it out, or narrow it to cover only exactly the bad thing you are trying to avoid. |
| Extracurriculars. Specifically, a certain number that you agree each kid can do, a commitment from both parents to get them to the activities, and a ROFR if one parent is unwilling to take them to the activity (essential for team and travel sports). I ended up getting a modification with black-and-white language about sports (I pay for them, kid gets to participate, and the activity takes precedence over the entire concept of parenting time - for my kid, this was huge because kid ended up being super athletic and his sport has been his safe and happy place through difficult times and my psycho ex argued that kid couldn't do anything at all on his time (he'd prefer to leave a 6-year-old home alone to play xbox than allow me to take him to soccer practice and back). |
Bad idea. Paid care means dad could dump your kid with a random girlfriend or hook up. I would prefer a babysitter. It would be better to specify that play dates and sports are not included in ROFR |
bravo to this, and great illustration of customizing for your own situation. my DH is a total jerk (of course) but extracurriculars are one thing we actually agree on, and he wouldn’t ever refuse to let me transport the kid on “his” time (much more likely in fact that he would overly rely on me to do it …). |
Well if you leave it out, your ex can leave the kids with whomever he wants as long as he wants on his parenting time, even if you are available and desire the time that he's not using. You could make the rofr 8 hours, a lot of people do that. |
If you actually are worried about your ex “dumping” your kids on a sketchy girlfriend, then sure, address that. But when I was drafting our agreement I was forced to realize that no matter how much I hated the idea of my ex’s theoretical future GF spending time with my child, trying to control that was not a good idea (in my case). I would want any GF to bond with my kid and pitch in if my ex flakes, and I would also not want restrictions on my own future partners. The situation with paid care that you might want to address is if you have a smaller child and your ex decides to hire a nanny afterschool even though, say, you work from home and can have the kid at your house. |
again - if you have a concrete reason to believe your ex would do that, include it. but even 8 hrs might be restrictive, blocking a sleepover with Grandma. |
Until there's a 5 hour party. |
Have 5 hr drop off parties been a significant factor in your parenting journey? |