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What is the right of first refusal in child custody?

Parents who go through a divorce often miss being able to have their children around them all the time. They have to adjust to only having their children on a set schedule, which is a big change for everyone involved. 

One way that parents may be able to get more time with their children is through a right of first refusal provision in the parenting plan. This requires that the parent who has the child gives the other parent the chance to care for the child before they turn to other childcare options. 

When does the right of first refusal apply?

The right of first refusal must be in the parenting plan for it to apply. There are often specific guidelines for when it should happen. For example, the terms may set a specific minimum amount of time that childcare is needed. This would mean that Parent A would need to contact Parent B to see if they want to care for the child if the time is at least at the minimum amount of time. The minimal time should be stated clearly in the parenting plan. 

Typically, the parent who will need childcare should contact the other parent as soon as they know they’ll need the childcare. This gives the other parent a chance to consider whether they can make it work or not. 

Because parenting plan terms must be set based on the child’s needs, it’s critical that the specific circumstances of the matter be considered. It may be best to work with someone familiar with these matters so the parents can ensure they set things up properly.