When a divorcing couple has minor children, the divorce decree will include parenting time and legal decision making (often referred to as child custody). While the majority of modern parenting plans are thorough and detailed in order to protect the best interest of the child or children, there is one element that is often overlooked: the right of first refusal clause.
What is the Right of First Refusal?
The right of first refusal is a common issue that should be considered by any parent considering or going through a divorce. This particular clause can be included to maximize a parent’s time with their children. As a non-custodial parent or a parent with limited parenting time due to the legal decision making designations in the divorce
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If the parent who is assigned parenting time will not be spending time with the child, the other parent must be offered the first opportunity to spend the time with the child. The pros are obvious as it can offer additional time with the child, but there are also cons. One is additional stress due to arguments regarding when the right of first refusal should take effect. To avoid this potential point of conflict, specify a time, such as 6 or 8 hours, at which point the clause would take effect.
The first right of refusal clause can be vital in situations where the parent assigned parenting time works and desires to take the child to at-work daycare, when a parent assigned parenting time has plans that do not include the child (for a significant amount of time and in accordance with the time agreed upon), when a parent takes a vacation that does not include the child, etc. In these instances, having the first right of refusal clause included in the divorce decree could significantly increase the amount of parenting time the other parent is able to spend with the