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Wheat Ridge Child Custody Lawyer | What Is a Right of First Refusal?

On Behalf of | May 4, 2018 | Child Custody |


When parents are going through a divorce and dealing with child custody, they usually through their attorneys, will formulate a parenting plan, which outlines parenting time and responsibilities. One of the provisions that can be added into this parenting plan is the Right of First Refusal. Let’s look at what the rights of first refusal are and how they can be applied t your child custody case.

Rights of First Refusal: How Does This Provision Work?

It is often hard for a parent to imagine not having their child full time. A huge point of contention that can arise is when one parent is scheduled for parenting time and doesn’t actually spend the time with the child. They may have a valid reason, like work or another important responsibility, but that usually doesn’t matter when one parent finds out they other didn’t actually show up for their parenting time. This is where the Right of First Refusal can come into play. If this provision is added into the parenting plan, the parent with the scheduled parenting time must contact the other parent to give them the option of having that parenting time before arranging for the children to go to other family members, a daycare, or babysitter.

Right of First Refusal: An Arvada Example

Let’s say mom is a nurse and is called in to work an extra overnight shift, which interferes with her scheduled parenting time. She is required to call dad and ask him if he wants to keep the kids for that overnight time. If he doesn’t, then mom can figure our child care. If he does, then he will get to have parenting time during her shift.

Things to Consider When Deciding If Right of First Refusal Is A Good Idea for You

There are some things you will want to consider before adding in the Right of First Refusal into your parenting plan. First, is what happens when your kids want to have sleepovers with friends or spend time with their grandparents or other family members. Sometimes this creates a conflict where one parent will complain that anytime the kids are not with the other parent, they should be given the opportunity to have them. Also, what about if one of the parents gets remarried? You might think your spouse can stay with the kids while the other parent still wants the opportunity to have them if you are not home with them.

If you are dealing with child custody, contact the best family law attorneys from the Pearman Law Firm at 720-259-9528 for a initial phone consultation.

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