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What is the right of first refusal in child custody?

On Behalf of | Dec 29, 2025 | Family Law

Parents who are splitting up have to decide how they’re going to handle things related to the children. One of these things is setting the parenting time schedule, which determines when each parent will have the children with them. 

While parents can often care for their children on their own, there may be times when a parent needs to hire a babysitter or find someone to assist with childcare. Some parenting plans have a clause in them that’s known as the right of first refusal, which says the other parent has to be given the chance to care for the children when the parent who currently has them needs childcare. 

How does the right of first refusal work?

The right of first refusal usually has very specific terms, which will likely include a minimum number of hours that care is needed in order for the clause to go into effect. As soon as the parent who has the children realizes they need someone to care for the children, they should contact the other parent to give them the opportunity to step in and provide care. 

The parent who is asked about providing care should provide an answer within a reasonable amount of time after being asked. There may be a time limit placed in the parenting plan. If the parent declines, the parent who has the children is free to find alternative options. 

The right of first refusal is an opportunity for one parent to have extra time with the children, which can benefit the parent and the children. This is only one of the terms that will need to be included in the parenting plan, so working with someone familiar with these matters may be beneficial.