How would you interpret Right of First Refusal in this circumstance
March 12, 2015 2:37 PM Subscribe
Between two parents sharing 50/50 custody, their MSA states: "If either party is unable to care for the minor child during their designated time, they shall each give the other the first right of refusal in caring for the minor child." Given that language, if the custodial parent sends someone else to pick up the child afterschool just to bring the child back to same parent, can the non-custodial parent invoke right of first refusal and insist that s/he be the one to do pick up and drop off of the child? I understand that ROFR exists to maximize the time a child can spend with a non-custodial parent and help maintain consistent contact of the child with the both parents. Just wondering if it applies to such a short period of time (5 minutes to/from school).