First right of care?
my DH has a stipulation with the BM, they have joint physical care joint custody. there is a first right of care paragraph that basically states that if either parent or immediate family cannot care for children for a period of 4 hours or more they should notify the other parent of that and give them the first option of care before getting a sitter. the definition of immediate family I found is as follows: DEFINITION of 'Immediate Family' A person's smallest family unit, consisting of the closest relatives, such as parents, siblings and children. Immediate family may contain both biological relatives and those related through marriage, such as a brother-in-law.
So my question is, are step parents immediate family? there is nothing in that paragraph that further defines who immediate family is or isn't, I know at one point when they were going over this stipulation she did not want me to be immediate family (we were engaged at the time).
My DH has a different work schedule, I sometimes get the kids to school and pick them up because he sometimes gets off right before school is out so he wouldn't be on time to get them, so I get them and by the time we get home he is home, there are also some nights that I have had the kids when he is working 5pm to 2am, this is more than 4 hours, but I feel that I am immediate family.
Yes, Step Parents are
Yes, Step Parents are immediate family. ROFR or ROFC is a potential Pandora's box that I for one would try to avoid at all costs. An X could KMA for not calling to offer that they watch the kids on my time. If I had BKs. Fortunately I did not spawn with my skank whore of an XW.
Several guys in the community did however so they are cursed with her toxic presence in their lives for ever.
If the CO goes so far as to
If the CO goes so far as to specify relation by marriage counts and gives bil as an example, I would say the law in your state is in your favor. Your husband and you are a legal unit in your state. I would also go by Felicity's real life experience in a court of law.
I am not a fan at all of one parent being inserted into the other parents custody for a few hours. Children have it very hard on transition day as it is. It is putting them through way too much emotional whiplash to have them do it twice or more in one day. Half siblings may be under stepmother's care, as well, and kid should have a chance to play with and bond with those kids while dad is at work. Those sibling relationships are important and Dad's family has as much right to gel and bond as BM's does.
You're a fool for putting
You're a fool for putting rofr in to any CO. It is always used to cause hurt and angst to the other party and fuck what is in the best interests of the kids. Parents don't own their children.
Is It in the best interest of the child to be constantly shunted off to the other parent over a stupid 4 hr time slot.
"The Missouri Code of State
"The Missouri Code of State Regulations,19 CSR 15-7.021 (18) (H) states that "an immediate family member is defined as a parent; sibling; child by blood, adoption, or marriage; spouse; grandparent or grandchild."
That was from google, see where it says spouse. Quite a few other results said the same minus the Missouri part. It isn't an issue till BM decides to take it to court, y'all wont be in trouble, DH's lawyer can state that it does not say anything specifically about step-parents blah blah and then they'll be directed to discuss and redefine the FROC terms.
I'm curious as to all of the
I'm curious as to all of the talk about a ROFR being a bad idea since DH has been contemplating asking for one.
DH's biggest issue is that BM often dumps SD6 off on her ex-mother in law (i.e. her first husband's mother, who has no relation to SD) and DH is adamantly opposed to it because the family is practically one step away from being inbred; the eldest son is convicted child molester and drug addict, who's been in and out of prison, the middle son, to whom BM was married is an alcoholic, has 3 OWI's (a.k.a DUI's) the last of which while he had his kid in the car, as well as multiple battery convictions and BM previously got a restraining order against him. There's been incidents of violence while SD was in the house. They obviously won't qualify as family however this makes me wonder if BM can try to exclude me. DH and I are married, however he also has 2 other kids, SS14 and SD12 who will be 13 in September so I suppose that would eliminate any issues she could possibly bring up.
What are the downsides of having an ROFR?
And not to hijack your thread but does anyone have any thoughts or experience with how a judge looks at situations like this when determining placement or custody? I'm in the same boat as the OP, though we have three kids in the house. DH filed for a change of placement and I'm wondering if BM can argue that DH works so SD would be spending more time with me and her half siblings than DH and if the judge would frown on that.
I was told that just because
I was told that just because I married DH I am NOT his family. Her family is his family and his family is family, but I however would never be his 'family' so then I asked the question, if I am not his family, then your husband is not the SKIDS family right.. THen I was told I was being a B*tch (not in exact words) because they are christians and would never do anything to hurt my DH...
Makes sense LMAO I see where one could get confused.. I think everyone marries people to NOT be a family, LOL Yeah right LOL