On Sept 25th 06, the judge ordered a 4hr right of first refusal so that I'm able to care for my 4yr old when his father is at work and can't be there for his parenting time instead of being at daycare or being with his new stepmom. My Ex's attorney is sitting on these papers and not signing them so that I can't put this order in affect. My attorney said that even though I don't have these papers I can still enforce my right. The last time I did pick my son up (not on my parenting time) my ex's wife tried to press charges against me. But I had a legitimate reason for doing so. The night before my son ended up in the emergency room and no one notified me until the next day because my son said his stepmom hurt him, so I wanted him to see his primary physician. My question is, Can I still use this right of refusal even though I have no paperwork but it was court ordered and can anyone give me more info on right of first refusal?

I am open to all suggestions and opinions.
Thank you,
Mic:confused:

Follow your attorneys judgment, he knows the state law and your local judge.

If the judge made the ruling, then it is in effect, if he is still working out a deal that has not been accepted, then it is not a ruling.

Your attorney should know exactly what happened and what your rights are

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Originally Posted by mic37just

On Sept 25th 06, the judge ordered a 4hr right of first refusal so that I'm able to care for my 4yr old when his father is at work and can't be there for his parenting time instead of being at daycare or being with his new stepmom. My Ex's attorney is sitting on these papers and not signing them so that I can't put this order in affect. My attorney said that even though I don't have these papers I can still enforce my right. The last time I did pick my son up (not on my parenting time) my ex's wife tried to press charges against me. But I had a legitimate reason for doing so. The night before my son ended up in the emergency room and no one notified me until the next day because my son said his stepmom hurt him, so I wanted him to see his primary physician. My question is, Can I still use this right of refusal even though I have no paperwork but it was court ordered and can anyone give me more info on right of first refusal?

I am open to all suggestions and opinions.
Thank you,
Mic:confused:

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I also have this in place. I think technically it has to be filed with the court before it is effective. If the judge signed it then you have the right.

I have to agree with the good Fr. Here. If the judge did indeed Order it, then the order is in place with the court and therefore in effect.

Please contact your attorney to determine your best approach as he is knowledgeable in your state's laws.