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Can NCP have anyone watch their child during visitation

Posted by on Feb. 2, 2013 at 8:12 PM
  • 29 Replies

BM has EOWE visitation, while DH has full custody.

Now my question is if BM has to ask or tell DH if she lets someone DH does not know watch his child while the child is visiting her.

I know that this is her time with her child, but does it make a difference that BM does not have any custody, simply visitation rights?

by on Feb. 2, 2013 at 8:12 PM
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Replies (1-10):
Ktina11
by Member on Feb. 2, 2013 at 8:13 PM
Look in the court order. Ours specifies.
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ChelseySpelsey
by on Feb. 2, 2013 at 8:13 PM
Does he not have the right of first refusal?? Where he gets the option of taking the child if the mother is in need of a sitter?
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Vicky1975
by on Feb. 2, 2013 at 8:17 PM

The court order does not specify anything.

I was more thinking about a situation where BM only needs a sitter for a few hours or one of her friends (who DH does not know or not trust) takes his son somewhere.

tottaxi
by Member on Feb. 2, 2013 at 8:18 PM

Unless he has ROFR (Right of First Refusal) in the court order she can have anyone watch the child.  With ROFR the same would hold for him, too.  If he couldn't watch the child he would have to ask her before even you.

ROFR is hard to enforce.

Vicky1975
by on Feb. 2, 2013 at 8:21 PM

With ROFR he would have to ask her even though she does not have custody? I don't get it.

Tillymommie
by Silver Member on Feb. 2, 2013 at 8:37 PM
1 mom liked this


Quoting Vicky1975:

With ROFR he would have to ask her even though she does not have custody? I don't get it.

Yes if you get a ROFR then he would have to give her the option to have your SC when he isn't around. If he is at work, then she would get to have the child. It works both ways as long as she gets unsupervised visits.

Mother is the name for God on the lips and hearts of all children. Do you understand? ~The Crow

soonergirl980
by Gold Member on Feb. 2, 2013 at 8:50 PM

I absolutely think that he should care for the child in her absence (notice I said he) if he is available. Unless he has ROFR it's difficult to enforce though.

soonergirl980
by Gold Member on Feb. 2, 2013 at 8:51 PM

ROFR is so that parent always has the right to choose to have the kid first if the other isn't available. I will say it doesn't always go both ways (mine didn't) but generally they do.


Quoting Vicky1975:

With ROFR he would have to ask her even though she does not have custody? I don't get it.



leegirl_jm
by Ruby Member on Feb. 2, 2013 at 8:54 PM

Does BM have legal rights?

Does the CO speak to ROFR? Does the CO prohibit the NCP from doing this?

lnr187
by on Feb. 2, 2013 at 9:01 PM
1 mom liked this

 unless it's specified in the court order who can and cant watch the child, or rofr, then technically yes she can have anyone watch the child. however, i read in your comment that dh does not trust this person... does he not know them or does he have reason to not trust them. if he has reason to not trust them, then he can try to take it to court. it will be very difficult and as someone else said, usually ROFR goes both ways. in dh case where bm does not have legal custody, dh might be able to get rofr only going one way. you'd probably have to talk to a lawyer to know for sure.

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