What is a child custody right of first refusal clause?

On Behalf of | Oct 20, 2022 | Child Custody |

First-time co-parents have a lot to discuss when creating a child custody agreement. You’ll likely have to figure out what time and days you’ll see your child, how your child is attending school and how a child benefits from a custody order.

Have you considered what happens when your child needs a babysitter? Will you let your co-parent put your child in the care of a stranger? This is a thought that goes through many parents’ heads. Here’s what you can do:

Know your child is in safe hands

Co-parents have the option to create a “right of first refusal” clause in a custody agreement. This clause allows parents to care for their child when the co-parent can’t. In other words, when a co-parent has to go grocery shopping, work overtime or has an emergency and the child needs to stay home, the other parent has to be given the first option to care for their child.

However, the right of first refusal may have some parameters when considering the best interest of a child. It may specify how long a child has to be left alone before the co-parent has the option to look after them, and how much time the co-parent has to respond to the need for childcare. The agreement may even state that a co-parent has the right of first refusal only if another family member can’t babysit your child.

The right of first refusal can go both ways, giving you and your co-parent the chance to spend more time with your child. Ensuring the right of first refusal is in your agreement can be difficult and may need help from an experienced legal eye.

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