There are many terms that you may come across when you’re in the midst of a child custody case. One of these is “right of first refusal,” which is included in many parenting plans.
The right of first refusal means that if a parent can’t care for a child during their parenting time, the other parent has the right to care for the child before anyone else. This means that the parent who has the child at that time will have to notify the other parent if they need childcare.
How does this work?
Typically, the right of first refusal will have specific conditions. This often includes a minimum number of hours that the child will need care for. The parent who doesn’t have the child will have to either agree to watch the child during the time necessary or they can refuse to watch the child. If the other parent refuses to watch the child, the parent who has the child can find alternative childcare, such as a babysitter, daycare or another family member.
Open communication is critical when a situation that requires the right of first refusal comes up. The parent who doesn’t have the child may need to give a prompt answer about whether they will watch their child during the stated time period. Having the terms for when the right of first refusal comes into the picture clearly outlined in the parenting plan is critical so everyone involved knows their responsibilities and rights.