I am strongly considering discontinuing practicing right of first refusal because of how difficult and contentious our regular parenting time negotiations can get.
My ex always wants to move her parenting time and set up a type of parenting time trade that would wind up being inconvenient to me. We do not have an official right of first refusal clause in our custody order, but we’ve always tried to make it work.
It’s becoming so frustrating that I feel all I can do is abide by the court ordered schedule and not involve a right of first refusal option.
Am I wrong on this?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
Generally, in the case of conflict or disagreement your only obligation is to follow the parenting time schedule laid out in the court order. You are not required to accommodate your ex when she wants to move the time.
In high-conflict cases right of first refusal can be very problematic. I personally do not like to use these clauses if the parents have difficulty managing a schedule since it invites more conflict, but every divorce lawyer is different.
Additionally, a right of first refusal usually only works if both parents are able to cooperate. If this does not occur, then these clauses usually cause resentment; you find that you have arguments about who owes whom parenting time.
Because of these issues, I suggest in high-conflict cases the parties follow a detailed and exact parenting time schedule. This minimizes conflict and promotes certainty for your child.
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.