What is the first right of refusal in child custody?

On Behalf of | Apr 22, 2025 | Child Custody |

A parent who shares custody of their children will have their children based on the terms of the parenting time schedule. While it’s possible for them to know when they will have the children with them, there may be times when they have things come up that require them to use a babysitter or have someone else watch the children. When that happens, they may be governed by the first right of refusal. 

The first right of refusal is a requirement that’s present in some parenting plans. It states that if one parent needs a babysitter, they will give the other parent the option to watch the children first. 

Terms are usually present

There are usually specific criteria that determine when the first right of refusal is invoked. In many cases, this is a minimum number of hours the parent would need childcare. Another guideline that’s usually in place is that the parent who has the child has to speak to the other parent as soon as they realize they will need someone to watch the child. 

The first right of refusal is an opportunity for the child to spend more time with their other parent. This can help to strengthen their bond. It also helps the parents because they have more flexibility than is possible without the first right of refusal. This is only one point that should be included in the parenting plan. Working with someone familiar with your situation and the terms that might make it easier to meet the child’s best interests may be beneficial.