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What is the right of first refusal in child custody cases?

On Behalf of | Nov 10, 2025 | Child Custody |

Parents who are splitting up have to work out the terms of a parenting plan so they can continue to raise the children. One thing that some parents don’t think about is how they will handle various childcare situations when they have the children. 

Some parents know that they need childcare options for their regular needs. They may not think about other situations, such as if they have a work dinner or need to take a trip. In those cases, it may be beneficial to have a right of first refusal clause in the parenting plan. 

How does a right of first refusal work?

The right of first refusal means that the parent who has the child must contact the other parent to provide childcare. This gives the parent who doesn’t have the child at that point a chance to spend more time with their kids. 

A right of first refusal often comes with specific terms. One of the more common is a minimum time frame when childcare is needed. For example, this could be that the right of first refusal is triggered if a parent needs at least two hours of childcare. The exact time should be listed in the parenting plan. 

The parent who will need the childcare should ask the other parent as soon as they know of the need. The parent who’s being asked should respond within a reasonable time so the other parent has time to find childcare if needed. 

Everything in the parenting plan has a direct impact on how the children are raised. Ensuring the terms are in the child’s best interests is one of the best things the parents can do. This might be easier if they work with someone familiar with these matters.

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