Minnesota Child Custody - Right of First Refusal

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Latest post Wed, Sep 28 2016 3:53 AM by David Billy. 4 replies.
  • Tue, May 10 2016 8:39 AM

    • NCP_Dad
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    Minnesota Child Custody - Right of First Refusal

    I am the non custodial parent. In the initial divorce decree, I insisted on having a Right of First Refusal clause. My ex and I have since gone back to court because of her continual monkeying with the parenting time schedule. The latest court order set out a new parenting schedule but did not mention anything about the Right of First Refusal. She now contends that the court has revoked my RoFR and regularly leaves the kids (ages 11 and 12) alone for 6 or more hours (my sick daughter was left alone from 8 am until her brother got home at 4, and they were both unsupervised until 11pm that evening). My contention is that since the court did not specifically revoke my RoFR, it is still in effect.

    If RoFR  is mentioned in an earlier decree, must it continually be mentioned in every decree to remain in effect? Or, must it be specificly revoked once the right is granted?

    I would think that since everyone talks about how it is important for children to spend time with their parents, and since Minnesota courts consider the "best interests of the child", that the Right of First Refusal would be implicit. Hello Theory, meet Reality. :)

  • Tue, May 10 2016 10:00 AM In reply to

    • Drew
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    Re: Minnesota Child Custody - Right of First Refusal

    Get some legal help in reading order...is it a totally new order. Or just a modification of prior,one or what? 

     

    I don't  think your state has a minimum age for latchkey issues...and the ones that do range from 8 to 12....so leaving a 12 year old unsupervised may be unwise ...but it's probable not illegal or a form of neglect . 



  • Tue, May 10 2016 10:57 AM In reply to

    Re: Minnesota Child Custody - Right of First Refusal

    Opinions on this will vary greatly, but some people consider FROR for paid child care only. Meaning if the kids are old enough to be left alone that doesnt apply. My opinion though is an 11 yr old is too yougn to be left alone all day, and if Mom is not going to be home at all she might as well offer you FROR. So I believe she is in the wrong here. Up to you to pursue it.

  • Tue, May 10 2016 1:48 PM In reply to

    Re: Minnesota Child Custody - Right of First Refusal

    NCP_Dad:
    If RoFR  is mentioned in an earlier decree, must it continually be mentioned in every decree to remain in effect? Or, must it be specificly revoked once the right is granted?

    There's no simple answer to these questions.  One would have to review the court's orders to know for sure if your RoFR is still in place.  Also, an RoFR does not necessarily prohibit leaving kids home alone.  The specific wording matters greatly.

  • Wed, Sep 28 2016 3:53 AM In reply to

    • David Billy
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    Re: Minnesota Child Custody - Right of First Refusal

    Good to know about this useful information. Final parenting time decision will be determined by the court during the trial.

     

    http://www.divorceyes....

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