Parents who go through a divorce have to determine how they’ll work as a team to raise their children. Most parents will have a parenting time schedule set, but it’s not always possible for both parents to focus solely on the children during their parenting time.
There may be times when the parent who has the children with them has to do something without the children. The first right of refusal may come into the picture in these cases.
First right of refusal benefits the parent-child relationship
The first right of refusal is a clause often added to parenting plans that gives one parent the opportunity to care for the child before the other parent arranges third-party childcare. In other words, if one parent can’t be with the child during their scheduled time—due to work, travel or an emergency—they must first offer the other parent a chance to step in before calling a babysitter or relative.
This arrangement supports stronger bonds between parent and child by maximizing each parent’s time and involvement. It also helps ensure children spend more time with their own family rather than in the care of non-parental figures.
Terms must be included in the parenting plan
The language in the parenting plan should define when the right applies—such as for absences of a certain length (two hours, overnight or more)—and how the notice must be given. It should also establish how far in advance the offer must be made and whether transportation responsibilities are shared.
Parents should get these terms set as early in the child custody process as possible. Working with someone familiar with these matters is beneficial for the parents, so they can ensure they do what’s best for their children.