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How does Right of First Refusal work in Southern California?
Anonymous3 views3 answers
Our court order stipulates that each parent has the right of first refusal when each of us will be unavailable for four or more hours. At this time, father's girlfriend admits that she has taken care of our child when he is working at least four hours; father won't relinquish his work schedule either, even when he's the one asking to renegotiate our daughter's schedule to meet his ever-changing social and work needs. Does right of first refusal mean that if he knows he's going to be unavailable for at least four hours (he doesn't admit this but I am aware that his work schedule has never entailed four-hour shifts), that I have the right to care for our daughter at the beginning of the four hours or after it's been four hours? Please clarify. Thanks.
I would have to review the court order to tell you exactly what it says. Based on what you're describing, it sounds like in terms of visitations, if one parent is unavailable for four hours or more, they're supposed to notify the other parent and that parent has first choice as to whether to care for the child during their noncustodial time.
My office handles cases in Chula Vista and does offer free consultations. The telephone number is (866) 402-4038.
Yes, you do have a right but many Judges do not like this type of order because as you have stated it will be difficult to enforce. You may have to run to court each time you are not offered the opportunity to watch your child and that becomes time consuming and expensive.
If he knows he will be unavailable to exercise his custodial time in excess of 4 hours, then he is supposed to notify you beforehand and offer you the option of caring for your daughter before the 4 hours begins. By way of example, say he knows he will be working an 8 hour shift. He should contact you in advance of the shift because he knows (or should know) he will be unavailable in excess of 4 hours. The right of first refusal requires that he offer you the option to care for your daughter rather than resort to other caretakers. Hope this helps. Good luck.
