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A right of first refusal is a court order that does not allow one parent to place the child in the care of another person without first giving the other parent the first right to care for the child. We call it a right of first refusal because the other parent has the first right to refuse (or accept) the childcare responsibilities.
The “first right of refusal” in custody cases requires a parent to offer the other parent the opportunity to care for their child before seeking alternative arrangements. This clause promotes shared parenting, cooperation, and stability in the child’s life.
Learn more about the right of first refusal, a common parenting plan provision that requires parents contact one another first in the event a parent needs someone to watch the child during their custodial time.
Right of first refusal is a clause that is frequently included in child custody agreements to help parents navigate parenting time exchanges. When Does Right of First Refusal Apply? Right of first refusal typically applies to both planned and last minute situations.
With a right-of-first-refusal clause, your custody agreement can stipulate that your ex contacts you first to ask if you can keep your child when they can't and would otherwise need to hire a sitter. "This clause is dual-beneficial, favoring the parent and the child," says Wasser.
A right of first refusal in the child custody context means that when a parent needs childcare during their regular parenting time, they offer the opportunity to the other parent first before they seek other help.
A court may find it’s in the child’s best interest to spend time with their parents instead of a babysitter if the other parent is available – hence the right of first refusal. However, in situations with strained relationships, courts may determine minimizing parental interaction is best.
Right of first refusal custody is a legal agreement that gives one parent the right to be the first one given the opportunity to care for their child in the event that the other parent is unable or unwilling.
what is a first right of refusal clause? Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent.
Illinois has a right of first refusal, which requires a parent to offer the other an opportunity to provide childcare before allowing a non-parent to do so.