ROFR insertion nomenclature

[jumbledone]

Hi All,

I want to add in a quick ROFR to the still proposed parenting plan.

'If Possessory Parent is unable to provide care for (children) for four hours or more, Possessory Parent shall contact Non-Possessory Parent to verify if the NPP wants to take possession of (children).'

I note 'unable to provide care for children', so that if I or STBX wants to let the kids hang at Grandparents, but we are available to care for them, we can. But if we have plans, and would be unable to care for them, we would need to contact each other. I don't see myself using it often towards her, but can see it coming back in spades to me, if she follows the ROFR.

Thoughts? Anyone have ROFR language they think works well?

[Trevor]

"Unable" might be loose. "I am never unable, though I may not always be available to supervise directly the kids." "Unavailable to provide direct supervisory care" might be a tighter phrase.

"Contact"? How? Mail, email, text, phone call (mandatory voicemail if no answer)? How much lead time is reasonable?

She may wait until the last minute before the opportunity, then email you, which could leave you without a chance to make arrangements to see the kids.

She needs to contact you immediately as soon as she finds the opportunity is there. She needs to make multiple attempts until she gets a written response (text, email) from you affirming or denying availability for the time.

What happens when it's last-minute? Make it mandatory that if there isn't enough time, then she is required to leave the kids' location and reliable contact information so that you can get the kids as soon as you are available, if you are able.

My kids' maternal gparents are idiots, so I may not be the best arbiter of a gparents exclusion, but I was always there when my kids hung with my parents.

Rather than "verify if the NPP wants to take possession" I wonder if something like "coordinate additional parenting time for the NPP" which may or may not happen, based on what would be necessary for it to work.

[jumbledone]

I am not a big fan of the maternal granparents, either... but c'est la vie. The right time to figure it out would have been 13 years ago, which is a year before I was married.

Within a day upon determination that Possessory Parent will be unavailable to care for children for four hours or more, the PP must notify the Non-Possessory Parent in writing (text/email shall suffice), and allow the NPP to determine if s/he wants to take possession during those times. The NPP shall respond within 24 that they received the written notification, and shall provide written notice back within the next 24 hours if s/he will have the children in their possession during the indicated time. In the case of non-response to the notification email, the PP shall try again, including calling NPP to verify receipt. In the case of emergencies, where the PP is unable to provide written notice, a call/voicemail informing the NPP of where the children are will be deemed sufficient.

How's that one?