The right of first refusal is an issue that everyparent in the process of divorce should consider. It is the provision that is often included in a child
custody order that maximizes a parent’s time with their children.
If you are the non-custodial parent, or if you have a limited amount of
parenting time according to the legal decision making portion of your
divorce decree, it is even more important.
When you feel that your time with your child has been limited, the right
of first refusal clause can make a difference. Make sure that it is included
in your custody order.
The right of first refusal means that before the other parent can use the
services of a daycare, babysitter or relative, they must give the other
parent the option to be with the child. If the parent assigned the parenting
time with your child isn’t going to be spending that time with them,
you have the first opportunity to spend that time with your child. There
are pros and cons, but to reduce ongoing conflict, it is a good idea to
make a minimum amount of time that will trigger the ROFR – such
as 8 hours.
Common Circumstances that are Covered Under the Right of First Refusal Include:
You can see how the right of first refusal is an excellent addition to
the custody order. If you are interested in discussing the benefits of
including one in your plan, contact the Arizona divorce attorneys at
Arizona Family Law Attorneys
to find out how you can use it to maximize your parenting time.
- At-work Daycare: If either parent is available while the other parent is
working, they have the right of first refusal.
- Activities: If either parent has plans without the child for a significant
period of time, the other parent has the right of first refusal rather
than leaving the child with a babysitter or caregiver.
- Vacations: If one parent has a vacation planned, the other parent has the
right of first refusal regarding whom the child stays with during the absence.