Taking Child to Work Instead of Allowing Exercise of Right of First Refusal

[lunchbucket30]

My question involves a child custody case from the State of: New Mexico

Recently, I had to take my ex-wife back to court, in order to have the legal custody and parenting plan modified. Several things were accomplished, including having the ‘right of 1st refusal’ put into place. Two weeks into the newly adopted GAL recommendations, my ex-wife has decided to take my 11-year old son to work with her on Saturday’s, rather than call me, to watch him while she works all day. The ROFR, states that ‘if one parent cannot care for our child for more than 3-consecutive hours at a time, they will ask the other parent.’

My question is, does this ruling allow my ex-wife to take my son to work with her on Saturday’s, for 8+ hours? I’m available on the weekends and would love to spend this extra time with my son, until my ex-wife is able to get off from work. I don’t think it is beneficial or fair to my son, to go to work with my ex-wife, where there are no kids to play with, he can’t go outside and there is no where for him to go, but the break room.

Thanks.

[CourtClerk]

The child is with his mother. This does not qualify as violating right of first refusal. She can take him anywhere she likes, including work with her.

[Dogmatique]

The child is with his mother. This does not qualify as violating right of first refusal. She can take him anywhere she likes, including work with her.

Completely agree.

If Mom was home for that time period and the child wasn't allowed to play outside or enjoy the usual privileges that still wouldn't matter. Going to work with Mom is more or less the same thing.

Not an issue.