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ROFR ? ... Again

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T

TxPE2011

Member
What is the name of your state (only U.S. law)? Tx

My last thread about picking up from school is closed... Since I didn't close it, wasn't sure if I could 'open' it.

I researched as far as I could and found nothing to back my theory so I'm cheating and asking.. Cause I'm tired and frustrated.

If parent 1 asks Parent 2 if they want to exercise ROFR and parent 2 cannot, does that leave Parent 1 able to move on to the next option?

For example: one day of my four days a week, I cannot pick up my daughter from school. I asked my mom to do it for me and take my daughter to her ballet class and I would meet them there. It allows me 30 extra minutes at work which on this specific day I need because of reports I have to run at a specific time daily. Dad asked about plans for after school care and I told him. He informed me that he has ROFR. So I said 'ok great! Can you pick up at 330 and get her to dance and I'll meet you there?'. His response is 'of course not, I have to work, but my wife will pick her up but no she will not take her to dance, change the day of dance class to a day you can take her.'

Our order states we both can designate someone to pick up the child. ROFR states in excess of 8 hours.

I told him it's only 30 minutes, not 8 hours. He said when I drop her off at school at 750am to 4pm at dance class, that is 8 hours. Does school hours count? (seems like everyone would have to quit their jobs to deal with that)

Also, he said if I offer him ROFR, then it is up to HIM to designate the adult for pick up.

His wife wants me to pay her gas money and babysitter fee for the time she would have our daughter until I pick her up from their house. I'm still laughing...What is the name of your state (only U.S. law)?
 


P

Proserpina

Senior Member
TxPE2011 said:
What is the name of your state (only U.S. law)? Tx

My last thread about picking up from school is closed... Since I didn't close it, wasn't sure if I could 'open' it.

I researched as far as I could and found nothing to back my theory so I'm cheating and asking.. Cause I'm tired and frustrated.

If parent 1 asks Parent 2 if they want to exercise ROFR and parent 2 cannot, does that leave Parent 1 able to move on to the next option?

For example: one day of my four days a week, I cannot pick up my daughter from school. I asked my mom to do it for me and take my daughter to her ballet class and I would meet them there. It allows me 30 extra minutes at work which on this specific day I need because of reports I have to run at a specific time daily. Dad asked about plans for after school care and I told him. He informed me that he has ROFR. So I said 'ok great! Can you pick up at 330 and get her to dance and I'll meet you there?'. His response is 'of course not, I have to work, but my wife will pick her up but no she will not take her to dance, change the day of dance class to a day you can take her.'

Our order states we both can designate someone to pick up the child. ROFR states in excess of 8 hours.

I told him it's only 30 minutes, not 8 hours. He said when I drop her off at school at 750am to 4pm at dance class, that is 8 hours. Does school hours count? (seems like everyone would have to quit their jobs to deal with that)

Also, he said if I offer him ROFR, then it is up to HIM to designate the adult for pick up.

His wife wants me to pay her gas money and babysitter fee for the time she would have our daughter until I pick her up from their house. I'm still laughing...What is the name of your state (only U.S. law)?
Click to expand...


Your ex is an absolute..sorry.

Ok.

No, ROFR does NOT apply to time spent in school.

Your ex is an absolute..aw, heck, I'm sorry again. Tx, you know the answer to this one. :)
 
D

DownTime

Member
Wow, Tx, your ex sounds as 'interesting' as mine is at interpretations.

If you'd like to confuse him, you can tell him that because he can't pick her up and get her to practice, that he needs to offer you ROFR, and his wife needs to pay your mom for gas and time because you have to work.

OR, let him know that you have the situation covered so the dancing is not affected and "Thank you for trying to help." :p:p
 
T

TxPE2011

Member
Thank you both -- I think our interpretation problems come from his wife. She says she has a sister that is a lawyer (?) and that is where they get their legal advice.


Pro, your on my same page.... ;)
 
LdiJ

LdiJ

Senior Member
TxPE2011 said:
Thank you both -- I think our interpretation problems come from his wife. She says she has a sister that is a lawyer (?) and that is where they get their legal advice.


Pro, your on my same page.... ;)
Click to expand...

Seriously, dad is so far out in left field that I would actually love it if he would try to take you to court on this one. I would love the be a fly on the wall to hear what a judge would have to say to him...:D
 
T

TxPE2011

Member
LdiJ said:
Seriously, dad is so far out in left field that I would actually love it if he would try to take you to court on this one. I would love the be a fly on the wall to hear what a judge would have to say to him...:D
Click to expand...

It is actually quite entertaining. My attorney once said he wanted to sell seats in the court room for entertainment.

Just for giggles I'll share one example why hiring an attorney is in your best interest. He was pro se for the majority of our 5 year modification case. 1 case took 5 years and the ink isn't even ON the final order yet.

My daughter was being sent home from school every Friday for several weeks with a 'rash'. I took her to the dr and the dr said she is allergic to something. Write down all food she consumes, laundry detergent, bath soap, sprays, everything and track when she breaks out. It was only on Fridays. She was spending thursday nights with dad and going to school on Friday from dad's. So I emailed the situation, asked him to document what she is eating etc. I figured he would understand since he suffers with food allergies. He said 'no, I feed her healthy food unlike YOU who serves Mac and cheese at every meal and MacDonalds'.
We just so happen to go in to court for a hearing and my attorney asked why he was refusing to cooperate with the doctor on the allergy documentation. He said 'it's none of her business what goes on at my house'. The judge just stopped and looked at him. It was possibly the longest pause in history. She goes on tearing into him about his obligations as a parent and as a co parent etc. He complied AND found that it was the protein bar he was feeding her kn the way to school ...

He is also the one who told the judge he doesn't 'like' talking to me because I 'anger' him... She ordered us to therapy lol He is not the brightest when it comes to what NOT to say to a judge deciding the access you have to your child...
 
M

mistoffolees

Senior Member
InfantCustody said:
Food allergies frequently cause Eczema which is also described as a rash.
Click to expand...

But it's not a rash.

My entire point was that many people claim to have food allergies when they do not. In fact, food allergies may be one of the most frequently misdiagnosed problems there are. If it truly was a rash, then there would be a good chance that it was misdiagnosed.

As soon as TX said that it was actually hives, then the diagnosis becomes more plausible. Similarly, if TX had said it was eczema, then the diagnosis became more plausible.

My comment wasnt simply to be picky or cause trouble. If it was truly a rash (and not hives or eczema), I would have suggested a follow up evaluation to determine the real cause. Since that's not the case, there's no point in continuing.
 
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