The Right of First Refusal in a parenting plan is a provision that requires one parent who has possession of the child, to offer the other parent the first opportunity to look after the child, rather than hiring a babysitter or asking another family member. If the other parent refuses, the parent who has the child at the time can seek other childcare. This type of provision makes it impossible for one parent to leave the child with anyone without first consulting with the other parent. It protects each parent’s right to spend time with their child when the other parent is unable to. This might be of particular importance to a non-custodial parent whose time with their child is limited. Being offered to care for the child when the custodial parent cannot may be a great way to spend more time with the child.
For example, take Jane and John Doe. Jane is the custodial parent and she sends the child to daycare while both Jane and John work. John normally picks up the child from daycare at 3:00 p.m on Tuesdays and Thursdays. Jane normally picks up the child at 4:00 p.m. on the other days. But this week, Jane has a meeting until 7:00 p.m. The daycare closes at 5:00 p.m. so she will need to find care for the child from 5:00-7:00 p.m. A Right of First Refusal added to the parenting plan will guarantee that Jane must contact John and ask him if he’d like to pick up the child and care for her until 7:00 first, before she makes other arrangements.
It’s Not Always the Right Choice
Although the Right of First Refusal may be a great clause to add to a parenting plan, it must be considered carefully to avoid any unnecessary conflict in difficult custody situations. It must be reasonable for your particular situation. For example, it is important to consider whether the parent requesting to add the Right of First Refusal has repeatedly declined to care for the child in order to attend re-schedulable or insignificant events or hobbies. It may not be appropriate in this case. Another example for consideration is the level of conflict between the two parents. If the conflict level is so high that this type of clause may initiate further conflict and harm to the child, it may just be best to allow each parent to make their own care decisions on their own custodial time. An experienced child custody lawyer can help you present your case to the court in your favor.
It Can Sometimes Get You More Quality Time With Your Children
On the other hand, this may also be an ideal provision when one parent refuses to allow the other parent to spend extra time with the child despite frequently using other family members or outside help to care for the child. Take Jane and John Doe again: Jane has primary custody but she has a job that frequently requires her to attend meetings in the evenings. She always leaves the child with her grandparents, despite John Doe’s request to watch her during these meetings. John Doe may want to add a Right of First Refusal clause to their parenting agreement to make sure that he is able to be with his child when Jane cannot.
If you believe a Right of First Refusal clause is ideal for your custody agreement, you should consult with a child custody attorney.
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