Parenting Plans: June 2014 Archives

Rights of First Refusal in Parenting Plans

One of the main issues facing divorcing and separating parents is to establish a parenting plan when each party provides care and custody for his or her children. There are a number of different parenting plans that can be negotiated or ordered. Under any such plan, the challenge is for one parent to respect the parenting time of the other parent. Often, one parent wants what is called a "right of first refusal." This is when the parent who is not scheduled to have the children is under a contractual right to receive notice from the parent who has the children, but is unable to parent during any specific period of scheduled parenting time. Under those particular circumstances, the parent who is scheduled to be with the children must notify the other parent that he or she is unable to parent for one reason or another and offer the other parent the opportunity to have additional parenting time. This would be in lieu of asking a babysitter, family member or friend to step in and provide childcare during those periods.

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