1. People & Relationships

What is Right of First Refusal?

By

Question: What is Right of First Refusal?
Answer:

Does your custody order include a right of first refusal clause?

Right of first refusal is an issue that any parent going through a divorce should consider. Right of first refusal is a provision in the child custody order that capitalizes on a parent’s time with his/her children.

This is especially important if you are the non-custodial parent. Your time with your children is already limited. You want to make sure that the custody order has a right of first refusal clause.

What is Covered Under a Right First of Refusal Clause?

Basically, right of first refusal means that before a parent can use the services of a daycare, sitter or relative they must give the other parent the option to be with the child. If your ex is not going to be with your child, you want the opportunity to spend that time with the child.

What Circumstances are Covered Under the Right of First Refusal?

  • After work daycare; if either parent is available to keep the child while the other works, that parents has the right of first refusal.

  • If a parent has a date, the other parent has the right of first refusal over plans to leave the child with a sitter or third party caregiver.

  • If a child has a doctor’s appointment and the custodial parent is unable to take the child, the non-custodial parent has the right of first refusal.

  • If a parent plans a vacation the other parent has the first right of refusal when it comes to deciding who the child stays with during the parent’s absence.

The list goes on and on. Essentially what right of first refusal does is make it impossible for one parent to leave in the care of anyone without first giving the other parent to option of keeping the child.

©2014 About.com. All rights reserved.