Interpreting Right of First Refusal Clauses

divorce lawyer Jordan RapoffQuestion:

My question concerns the right of first refusal and whether my longtime girlfriend can watch the children while I am at work during my court-ordered parenting time.

My ex-wife will not drop my child off with my girlfriend at my house after school and before I get home from work because she claims she has right of first refusal if I am not available.

My divorce decree states that transportation shall be made to and from the children’s school by the parent who has the child the night before school. In the event that the above mentioned parent cannot provide transportation the other parent shall have the right of first refusal limited, solely limited to picking up or dropping off child in the event the other parent chooses not to exercise the right of first refusal transportation shall be made by a responsible adult.

Is she not following the agreement or am I misinterpreting the clause?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.

Based on the language that you have provided me, I believe that your ex-wife would need to drop your daughter off at your house, regardless of whether you are home or not since a responsible adult will be there.

I have not reviewed your agreement in its entirety so there may be a clause concerning leaving your daughter alone with someone other than your or your ex-wife.

However, it is my understanding from what you have provided that the right of first refusal only extends to picking up and dropping off your child at school.

If this is the case, your wife would need to drop your child off at your home after picking the child up from school during your custody time.

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Right of First Refusal

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri Divorce Lawyer Jordan A. Rapoff, contact Cordell & Cordell.

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