Family, Criminal & Children's Court Attorneys Since 1991

What is the right of first refusal in child custody cases?

On Behalf of | Jun 23, 2025 | Custody and Parenting Time |

People who are going into a child custody case have to carefully consider how they set the rules in the parenting plan. There are several that can be considered, one of which is who will watch the children if the parent who has them at the time needs childcare. 

Some parents opt to put in a requirement for the right of first refusal. This means that the parent who has the child at the time has to call the other parent to find out if they want to watch the child during the needed period. 

How is the right of first refusal used?

There must be specific terms included if the right of first refusal is included in the parenting plan. One of these is typically a minimum period for childcare. For example, the parent who has the child would only have to contact the other parent if they need childcare for at least two hours. That time period can be set for any amount of time. 

The parent who has the child must alert the other parent to the need as soon as possible. The other parent must give their answer within a reasonable amount of time. Time frames for both of those points can be set in the parenting plan. 

Setting the terms of the parenting plan as quickly as possible after you split up can allow everyone to adjust to the new way of life. This situation can be difficult because the terms must be written in a way that’s in your child’s best interests. Working with someone familiar with these matters may be beneficial if you’re in this position. 

Archives

Categories