There are many different custody considerations that parents need to address when they divorce or separate. For some parents, working out a reasonable division of parenting time is the most pressing consideration.
For others, ensuring the children are not left with inappropriate people may be a major concern. In scenarios where one spouse has questionable friends or abusive family members, the other parent may worry about who might provide childcare. Cut-rate services and new romantic partners may not be the best option for childcare, especially when there is another parent who likely wishes to spend more time with the children if possible.
Parents can potentially add clauses requesting the right of first refusal into custody orders to protect their children from volatile and potentially unsafe situations. Doing so can also give them opportunities to spend additional time with their children if the other parent works overtime or falls ill.
What is the right of first refusal?
The right of first refusal is a contractual inclusion protecting the interests of one party. It allows them an opportunity to accept something before the other party makes offers to anyone else. In a custody scenario, the right of first refusal allows one parent the right to provide childcare by increasing their parenting time when the other parent is not available to care for the children due to other demands on their time.
Anytime one parent might have to leave the children with someone else, that parent should check with the other parent to see if they are available to care for the children before making alternate arrangements. The right of first refusal helps ensure that the children don’t end up left with a questionable childcare provider who may abuse drugs or engage in inappropriate discipline.
It is also a way for a parent who misses spending as much time as possible with their children to increase the time they have together. Integrating the right of first refusal into the order can be beneficial for both parents and for the children.
Learning more about child custody options can help parents address even the most complicated and frustrating scenarios. Parents who understand their options may be better advocates for their children while navigating the family law process.