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Does Right of First Refusal apply to me?

Child Custody 4 views 3 answers
My current time sharing agreement does not specify ROFR, however my ex is saying he would rather hire a babysitter then have me watch the children. We only live 15 min from each other and I am more then willing to pick up the children from school and he can pick the kids up after work. Will I have to file a motion for this? I am in Pinellas County and wondering what steps need to be done. And does this have to be in the parenting plan or is it a family law? Please help me understand better. Thank you in advance

Attorney Answers

3
Michael Mcginn ·
Is this time-sharing agreement a Parenting Plan or Final Judgment? If it was not included then it is perfectly acceptable for your ex to hire a babysitter. In order to modify a Parenting Plan or Final Judgment you have to be able to prove a substantial change in circumstances. In my opinion I don't think the Court would consider this issue to rise to that level.
0 upvotes
A Mullaney ·
The ROFR is a term that needs to be in your Final Judgment or Parenting Plan. Apparently that term was not included in your orders. In order to change them you would need to show that there has been a substantial change in circumstances that was not anticipated at the time the prior orders were entered. Based on my limited knowledge of your case, I don't see a substantial change at this point.
0 upvotes
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
I agree with my colleagues, that a "Right of First Refusal" would either have to have been agreed upon in the parenting plan or ordered by the court in the final judgment. I typically include such a right in my parenting plans. However, there is no statutory basis for such a right. Finally, unless both parties agree upon such a right of first refusal, the other is free to hire a babysitter if they so choose. Please let us know if these answers are helpful by hitting the helpful button. Gold luck.
0 upvotes

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