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What is first right of refusal in child custody?

On Behalf of | Apr 23, 2025 | Child Custody |

Determining how to set up the parenting plan is one of the primary concerns when parents get divorced. There are many terms that may be included in that plan, so it’s critical that you understand each one. It may also be beneficial to learn some of the more common terms that might be included. 

One term that you may hear is the first right of refusal, which means that the parent who has the child (Parent A) must offer the other parent (Parent B) the chance to watch the children before other childcare options are utilized. 

When does first right of refusal apply?

The parenting plan will need to specify when the first right of refusal comes into the picture. This might be if the child needs care for a certain number of hours, such as two or more. It may also occur if certain circumstances are present, such as needing overnight care. 

Once a situation triggers the first right of refusal, Parent A must discuss the situation with Parent B. In most cases, the parenting plan will specify how long Parent B has to exercise the first right of refusal before Parent A moves forward with other childcare options. 

It’s crucial to consider the parenting plan as a whole when you’re getting it all set up. The goal should be to do what’s best for the children, not to make the situation more difficult for your ex. It may be beneficial to work with someone who’s familiar with your circumstances so they can assist you with determining what terms might be helpful.