Does a Parenting Plan Need to Specify a Right of First Refusal?

 Posted on September 30,2024 in Allocation of Parental Responsibilities

The allocation of parental responsibilities is a part of divorce that is often fraught with complications and contentiousness. When parents are putting a parenting plan together, it can be difficult to think of every situation that might need to be detailed in the plan. As an example, what will happen when a child is sick? Which parent will take the child to the doctor, and which will stay home with the child when necessary? If a child has a conflicting school event on an evening that is supposed to be spent with one parent, does being in the audience "count" as parenting time, or should that parent get additional time?

One issue that is often overlooked is the right of first refusal. Suppose it is mom’s parenting time, but her job requires her to work over the weekend. She leaves the child with grandma or a babysitter, only to find that dad is angry that he did not have the option of spending that time with the child. This is known as the right of first refusal. When one parent is unable to spend their scheduled parenting time with the child, the right of first refusal dictates that the other parent is asked whether he or she wants the time before anyone else is asked to care for the child.

The right of first refusal should be discussed by parents and detailed in every parenting plan so there are no ambiguities concerning who will be called when one parent is unable to spend time with their child during scheduled parenting time. If you and your spouse are having difficulties creating a parenting plan that you can both accept, a skilled Oswego, IL allocation of parental responsibilities attorney from The Law Office of Matthew M. Williams, P.C. can help.

What Are the Advantages of a Right of First Refusal in a Parenting Plan?

The right of first refusal can be valuable for parents seeking to maintain close relationships with their children as it fosters a sense of security while building healthy co-parenting relationships. It also allows parents to adapt to changing circumstances, such as work commitments or unexpected events.

Are There Challenges Associated with Implementing the Right of First Refusal?

Although there are numerous advantages to having a right of first refusal written into the parenting plan, there can also be potential challenges. Please remember the following considerations:

• Implementing the right of first refusal requires clear communication and coordination between parents.
• If the right of first refusal is part of the parenting plan, a process must be established to notify the other parent when a situation arises promptly.
• Both parents must be understanding when accepting or declining the right of first refusal, which requires compromise and a willingness to work together for the child’s best interests.

Considerations When Negotiating the Right of First Refusal

Key factors to consider during negotiations regarding the right of first refusal include:

• Availability of the other parent
• Proximity of the other parent
• The age and needs of the child
• The usual routine of the child
• The parenting skills and support each parent brings to the table
• Whether the right of first refusal still provides consistency and minimizes disruptions for the child
• Whether both parents are willing to compromise when necessary

When including the right of first refusal in a parenting plan, it is usual to give the responding parent a reasonable notice timeframe and a time limit for a reply.  

Contact a Kendall County, IL Allocation of Parental Responsibilities Lawyer

The more specific a parenting plan is, the better. Clarity is always the better choice for the child and the parents. An experienced Yorkville, IL, allocation of parental responsibilities attorney from The Law Office of Matthew M. Williams, P.C. can help you prepare a parenting plan that addresses all foreseeable situations. Attorney Matthew M. Williams focuses on mediation and collaborative divorce to reduce costs and make the process easier and more amicable. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule a consultation.