Using the Right of First Refusal in a Custody Agreement or Parenting Plan

The right of first refusal is a beneficial concept in creating parenting plans or custody agreements; the right of first refusal is a common provision to custody agreements and parenting plans. Why would you want to use this provision?

The right of refusal provision can be used if parents want the first opportunity to watch or babysit their children when the children are in the custody of the other parent. In other words, if the custodial parent wants to go shopping or wherever, that parent contacts the non-custodial parent and the non-custodial parent then has the right to refuse taking care of the children.

For example, a divorced or separated mother of three little girls decides she wants to take a mini vacation, two to three days, while she has custody of the children. She must first call the father of the girls to give him the right to watch the children before she calls a babysitter. If the father refuses, the mother can then call someone else.

A custody agreement or parenting plan should be used to determine the time for when a parent has the right of first refusal. The agreement may be that the custodial parent calls the non-custodial parent any time, whether it be for an hour or a day. This arrangement may be difficult to control. Many agreements set the time in intervals of two or four hours or at least in sets of multiple hours to make parenting easier. If the custodial parent will be gone less time than what is agreed upon, they do not need to call the other parent. However, if the custodial parent will be gone for more time than agreed upon, the non-custodial parent must be called first.

The right of first refusal as a provision can make your custody agreement or parenting plan work much better. It allows for the non-custodial parent to get more time with the children.

It is important to remember that if one parent does not comply with the right of first refusal, then that parent has violated the parenting plan or custody agreement. The non-violating parent has the right to file a complaint with the court to show that the other parent is in violation of the agreement or plan.

As you make a parenting plan or custody agreement, keep in mind what kind of provisions you need to make your plan or agreement effective for your situation. The right of first refusal is a common provision that should be used if needed. Consider using this provision in your agreement or plan to make it more effective.