Q: Right of First Refusal
My husband will be going out of town for a week and he has his kids every weekend. He will be gone during that visitation. If they don't have the Right of First Refusal in the decree, as their stepmom, can their mom stop them from spending the weekend with me? From what I read, that would need to be in their decree and my husband can choose who he has watch them during his absence. Is that correct?
A: In Utah, the Right of First Refusal (ROFR) typically needs to be specified in the custody decree for it to apply. If the custody decree doesn't include a ROFR provision, your husband may have the discretion to choose who takes care of the children during his absence. Without a specific ROFR clause, the other parent may not have the legal right to prevent the children from spending time with you during your husband's scheduled visitation.
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