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This has got me thinking....

tankh21's picture

My DH's CO doesn't have a ROFR cause in his CO but, this has got me thinking does the ROFR clause only apply to NCP's or does it apply to CP's as well?

Comments

Dontfeedthetrolls's picture

It's suppose to apply to both parents. It's designed that if whichever parent should be with the child is unable the other parent gets the first chance to watch them.

Pharlap's picture

In the real world and to any sane person, it applies to both people

If you're my SS's BM, in her world it should only apply to DH but she can dump the kid off with whoever on her time without giving DH the option for the time. When she was told by multiple parties during the divorce that that's not how it works, she dropped pursuing any sort of ROFR at all.

tankh21's picture

Thanks guys I was just curious because I am not familiar with ROFR since my DH doesn't have it in his CO. Sounds like BM over here Pharlap. She can do whatever she wants and change up the CO and not have to follow it but, DH cannot.

momof3smof2's picture

It depends on how it is written into the agreement. Personally, I don't believe in ROFR unless there is cause. So for cause, it would only applied to one parent in theory.

ESMOD's picture

I agree, cause or some other more extenuating circumstance like the father is traveling on business during his weekend visitation..where he won't be present at all. But, during the day on a weekend, or for a few hours one evening, it's ridiculous.