Family Lawyers Serving Clients Throughout Arizona
Does Your Child Custody Order Include a Right of First Refusal Clause?

Does Your Child Custody Order Include a Right of First Refusal Clause?

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:

  • 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.
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.
Categories:

Find Trusted Counsel

Request Your Consultation
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.