In child custody arrangements, the right of first refusal is a provision that provides one parent with the chance to take care of their child before the other parent uses outside childcare. The requirement for this to occur is usually included in the parenting plan that governs the custody situation.
It’s critical that both parents understand the right of first refusal so they can ensure they’re complying with it. Thinking of this as an opportunity for both parents to remain involved in the child’s life is beneficial.
How does the right of first refusal work?
There’s usually a time requirement for the right of first refusal. This is typically noted as a minimum number of hours that the parent won’t be with the child. It’s set based on the circumstances, so it may be four hours in one parenting plan but six hours in another.
Once the parent who has the child realizes that they won’t be able to care for the child during a time period that requires them to invoke the right of first refusal, they will have to contact the other parent.
It will be up to the parent who doesn’t have the children in their custody to determine if they want to care for the children during that period. If that parent refuses, the children can go to another childcare option.
Checking the parenting plan is the best way to find out when this concept applies. It’s best to have everything spelled out precisely so both parents know their responsibilities and the terms they must follow.
