How Do You Get a 1st Right Of Refusal?

[needscadvice]

SC - and can you get those in sc? and how do they work?
the reason I am asking is because my kids don't want to stay with their SM - they'd rather be with me or their grandparents if I can't (work)

 

[seniorjudge]

Children are not property and rights of first refusal have nothing to do with children or custody of children.

The custody of a child is determined by the parents or, if they cannot do it, by a judge.

No one gets dibs in advance.

 

[shanney27]

My understanding of first right of refusal is that it pertains to babysitters or daycare providers, not the child's family members.

 

[LdiJ]

My understanding of first right of refusal is that it pertains to babysitters or daycare providers, not the child's family members.

There is alot of controversy over that...even in states with solid guidelines.

However...generally...if it gets in front of a judge it is going to refer to PAID child care. There will be exceptions to that...some judges will view it differently....but as long as "family" is limited to visitation during a parent's time...then time spent with family would generally be exempt from right of first refusal.

It does get viewed differently if the parent isn't present at all during the visitation period....For example if dad is out of town on business for a month his family generally isn't going to get to take over his visitation.....however if dad gets a week with the child and gives the grandparents two days of that week...its totally proper.