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What is the right of first refusal for child custody?

On Behalf of | Jul 29, 2025 | Divorce

Parents who aren’t in a relationship with each other will still have to work together to raise their children. One facet of this has to do with ensuring the child always has proper care and supervision. 

Some parenting plans include a clause known as the first right of refusal. This is a requirement that the parent who currently has parenting time with the child gives the other parent the opportunity to watch the children if childcare is needed. 

How does it work?

When the parent who needs childcare learns of that need, they give the other parent the information about when the care is needed. The other parent can opt to take the children or they can decline the opportunity. If the parent declines to watch the children during the specified time, the parent who has the children can seek alternative arrangements. 

Some parents opt to put in a minimum time requirement. This means that if the parent who has the child needs childcare that’s shorter than the required time, they aren’t required to ask the other parent if they can handle childcare. 

Why is it important?

The right of first refusal is an opportunity for the parent who doesn’t have the child to spend time with the children, even though it’s the other parent’s parenting time. This can help to strengthen the bond between the child and that parent. 

Ensuring the parenting plan suits your child’s needs is critical for all parents. Getting this document set might be challenging because it’s difficult to think of everything that should be covered. Working with someone familiar with these matters may be beneficial since they can go over the possible points to cover.