Right of First Refusal, Part One: What is it and how can it Backfire?
There can be different styles of ROFR but the most important thing to note is that a seller may not sell their property on the open market without addressing the ROFR. The terms of purchase are not set at the time the right is created but the owner of the property agrees not to sell without allowing the ROFR holder the right to purchase. Typically with this type of agreement the document creating the agreement will set forth the steps required to approach the ROFR holder to sell the property.
Ideally this same agreement also sets out the steps required for the ROFR holder to exercise their right as well as a deadline in which the ROFR holder must respond.
With this type of option, when the seller receives an offer on their property they have to turn around and share that offer with the ROFR holder before the owner can sign the contract. When a property is subject to a ROFR the seller has steps they must go through before they can sell the property to a third party.
The steps that must be followed will be controlled by the legal document that created the ROFR but in general it involves the seller sending the offer received to the ROFR holder. To get to closing, a title company has to have a signed Waiver of Right of First Refusal document in the file before funding can occur.
What is the Right of First Refusal in Texas Custody Cases? - WYNNE Law Firm
When it comes to a ROFR there can be many issues that delay or stop a closing. Understand that this is quite problematic because if the ROFR elects to purchase the property the seller has now contractually agreed to sell the property to someone else and now has quite an issue on their hands.
For example, a "right of first refusal" to care for a sick child who will stay home from school is not reasonable where it will entail that sick child having to dress and travel for an hour in rush-hour traffic, or require the working parent to transport the child to the other parent's residence prior to getting to work.
If the requesting parent is the lesser time-share parent, he or she has not sought or threatened to seek additional timeshare via post-decree motions, and is not seeking the right of first refusal to position him- or herself to do so. The reverse also is unreasonable; the right of first refusal should not function in lieu of reduced custody timeshare where one parent seeks an unwarranted amount of time for ulterior reasons, such as to reduce child support or maintain control, but cannot or will not exercise it e.
This is a way of obtaining "joint custody in name only" but with reduced financial support obligation to the caregiving parent. Also see consideration 10 and comments, below. The requesting parent, if the payor, has not objected to the amount of child support or alimony, or sought to reduce child support or alimony, and would not be using the right of first refusal to position him- or herself to do so.
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There have been no allegations made at any time of "snooping" into the other parent's privacy, and there have not been issues between the parents either before or after separation or divorce involving jealousy, paramours, adultery, or dating behaviors. The childcare right of first refusal will be requested only for time the other parent will be traveling overnight, or for periods of time in which that parent regularly is at work, and is NOT being requested for occasional evening or weekend time the other parent will be engaged in private social activities, for evening hours the younger child ordinarily would be sleeping while the regular timeshare parent attends a private social activity, or for after-school and evening hours in which the older child otherwise would be studying or attending extracurricular activities.
If this level of intrusion into a parent's private life is felt to be unacceptable, or if the intrusion into privacy will be one-sided, then the right of first refusal, if granted at all, should be restricted to more substantial and lengthy periods of time, such as travel out-of-town with multiple overnights. But compare consideration 14, below, differentiating between enrichment and educational activities and mere child-minding. The childcare right of first refusal will not interfere with regularly scheduled school, preschool enrichment educational preschool not in excess of 20 hours a week , or afterschool extracurricular activities of the child.
The childcare right of first refusal will not interfere with grandparent and other extended family occasional derivative visitation time. This does not include frequent and regular childminding by stepparents, grandparents, or other third party relatives while a parent works, both of which should take less precedence than direct care by a child's parent.
Right of First Refusal Basics and Requirements
It does include, however, such things as time over spring break in which a child visits grandma's house, or the occasional babysitting by a grandparent or other relative in lieu of a stranger babysitter, which should not give rise to a right of first refusal. When the parent who is requesting a right of first refusal is him- or herself exercising timeshare, that parent does not place the child into nonparental including stepparent third party care for equal or greater amounts of time than does the other parent from whom the right of first refusal is being requested.
In addition, the parent who requests the right of first refusal will be personally minding the child. If one parent is transferred out of the area, the other parent can take over. If a parent must be out of town for a meeting or conference, the other parent can take over. Another example would be if you were called into work 4 hours early.
Consequences Related to Agreement to the Right of First Refusal
You could call the ex and ask them if they would like extra time with the child. The other parent would have the option to tend to the child while you had to work. This language is specific and must be included in the divorce decree if you wish to utilize it to the fullest. A divorce lawyer in Houston will have the proper wording and technical language to make this the right verbiage in the divorce decree. The child can benefit from being with both parents, especially if they both reside close enough for the child to visit often. Unless there is a serious reason to not allow this, it is typically in the best interest of the child to have this First Right of Refusal in the final divorce decree.
The best way to approach this is by going over the details with a divorce lawyer in Houston prior to the divorce.