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Main Forums => Dear Socrateaser => Topic started by: Servo on Apr 15, 2004, 06:04:25 PM

Title: Right of first Refusal - implicit - which states?
Post by: Servo on Apr 15, 2004, 06:04:25 PM
In the right of first refusal article, the following was mentioned:

In some States, the Right Of First Refusal is considered to be implicit in the custody decree, even though it may not be explicitly written out.


Which states is this implicit in (WI??) and how do I find the reference to it?

My future ex plans on refusing to allow the right first refusal in as part of our agreement. Are there examples of alternative language that can be used to work like "right of first refusal" and allow a fair opportunity to let me get extra time with our child? What could be presented to a judge to allow this in?

Thanks!!
Title: RE: Right of first Refusal - implicit - which states?
Post by: socrateaser on Apr 16, 2004, 12:27:48 PM
Please follow the mandatory forum guidelines for posting.
Title: RE: Right of first Refusal - implicit - which states?
Post by: Servo on Apr 16, 2004, 01:51:21 PM
In the right of first refusal article, the following was mentioned:

In some States, the Right Of First Refusal is considered to be implicit in the custody decree, even though it may not be explicitly written out.


Which states is this implicit in (WI??) and how do I find the reference to it?

Thanks!!
Title: Not Soc...
Post by: kiddosmom on Apr 16, 2004, 01:55:09 PM
Try posting this way...

In the right of first refusal article, the following was mentioned:

In some States, the Right Of First Refusal is considered to be implicit in the custody decree, even though it may not be explicitly written out.

My future ex plans on refusing to allow the right first refusal in as part of our agreement. Are there examples of alternative language that can be used to work like "right of first refusal" and allow a fair opportunity to let me get extra time with our child? What could be presented to a judge to allow this in?

1) Which states is this implicit in (WI??) and

2)how do I find the reference to it?


Thanks!!

Title: RE: Right of first Refusal - implicit - which states?
Post by: socrateaser on Apr 16, 2004, 02:19:26 PM
>Which states is this implicit in (WI??) and how do I find the
>reference to it?

I know of no state where the right of first refusal is implied, because under common (judge-made law), it is not, therefore, I suspect that the article to which you refer is incorrect.

There may be statute or case law in your jurisdiction that creates the right of first refusal to exercise physical responsibility for the child in the other parent's absense. In order to research this, you will need to search the WI Statutes, and then a case law database, such as Lexis, Westlaw or Versuslaw. If you need this info in a hurry, you will probably need to bite the bullet and call a local attorney. A good WI family law attorney should know the answer to this question without needing to research.
Title: Thanks for your help...
Post by: socrateaser on Apr 16, 2004, 02:22:06 PM
...but, the question is so short that I answered it as posted. At least the poster moved the questions to the rear.