Parents who are going through a divorce have to make decisions about how they’re going to handle raising the children. One of the decisions that has to be made is when the child will spend time with each parent. This is set through the parenting time schedule.
While the parenting time schedule will usually work, there are times when the parent who has the children may need to have someone watch them. A right of first refusal clause may be beneficial in these cases because it would give the other parent the opportunity to spend time with the children instead of them having to stay with a babysitter.
How does a right of first refusal work?
The right of first refusal should have terms set in the parenting plan that outline specific requirements, such as when it’s triggered and how long the responding parent has to provide their answer. Typically, the parenting plan would contain a minimum amount of time that care is needed to trigger the right of first refusal.
The parent who will need care for the child should contact the other parent as early as possible to let them know of the situation. The other parent should give an answer as soon as they reasonably know the answer.
The right of first refusal is only one term that should be included in the parenting plan. Any decisions that both parents agree on should be put in writing to minimize disagreements regarding those matters. Because these cases can be complex, it’s often beneficial for parents to work with someone familiar with their circumstances so they can set everything up based on what’s best for the child.