I need help w/Right of First Refusal in Michigan

[ermom]

My ex has ROFR. He already gets our son every other weekend. Plus he was getting him on the other weekend when I would work midnights. I'm remarried now and I'm wondering if I have to give my ex our son on his off weekend. Or can my husband keep him at home and put him to bed at night? Can anybody help me out?

[ocean]

What exactly does it say in your court order?
Do you pick the child up on your way home from work now in the morning?
You would probably have to go back to court to change the wording if it is only the sleeping hours he is getting him but it sounds like for right now you need to send him. You can modify the orders to read "father will have ROFR when mother is away more than 3 hours. This does not apply to mothers overnight shift as child is already in bed and the switch between houses to sleep will be unfair to child as step-dad is available to watch child until mother comes home" BUT child is already doing this so you have to prove why child cant do it any longer.

[MixedBag]

I agree with ocean.  The first step is to let us know exactly WHAT your court order says.

And then we can give advice and thoughts from there.

BTW -- IF I were in dad's shoes, I'd be saying "the child should be with me as opposed to anyone else when you have to go to work" and the opposite would be true as well.

[MrCustodyCoach]

Even without knowing the specifics of the order, it's very likely that your ex gets first-crack.  I'm sure your ROFR specifies a given time frame and I'm going to guess from your user ID that your shift work means you're gone for more than 4 or even 6 hours.

Right of First Refusal means just that - your ex is priority #1 when you can't be the caretaker for whatever period of time is specified in the order.

[mrssmith]

When we had problems with ROFR in Michigan, our attorned clarified to BM and her attorney that ROFR applies only in situations where CP has to HIRE day care for a period greater than 4 hours.  Our attorney said that is the intent of ROFR in Michigan, not that you have to call NCP every time you are running to the mall, or so on.  Therefore, ROFR did not apply if ss stayed with me (SM) or grandparents or aunt for more than 4 hours.  I'm not sure if your ROFR is stated differently, but most Michigan FOC guidelines state it as hiring daycare for more than 4 hours. 

[tigger]

You are responding to a post that's over 2.5 years old.

[Waylon]

Better late than never, I guess.

Here's a search that might help: Right of first refusal (http://deltabravo.net/cms/search.php?q=Right+of+first+refusal&r=0&s=Search&in=&ex=&ep=&be=&t=all&adv=0)

You are responding to a post that's over 2.5 years old.