How to Make the Right of First Refusal Work for You

 Posted on November 30, 2021 in Child Custody

When parents get divorced in Illinois and are going to share parental responsibilities and parenting time, they must create a parenting plan. In our last blog post, we talked about what a parenting plan covers and how parents can get creative when drafting a plan that benefits their whole family. In this blog post, we will review an important part of every Illinois parenting plan called “the right of first refusal.” Like many other parts of a parenting plan, when done well, the right of first refusal can enhance a child’s relationship with both parents and make the shared parenting experience work well for everyone.

What is the Right of First Refusal?

The right of first refusal is a provision that states whether and how parents will rely on each other for childcare, rather than using other family members or a paid sitter. This allows children to maximize the amount of time they spend with each parent, increasing their ability to have a strong and productive relationship with the two more important adults in their life. Although the details can be flexible, the right of first refusal essentially requires parents to offer each other the opportunity to care for their child before they seek childcare from other sources.

This provision is required to be in every Illinois parenting plan, but the terms can be adjusted to suit a family’s particular needs. For example, if parents get along fairly well, have flexible jobs, and live a short distance from each other, they may want to require the right of first refusal whenever they need to be away from their child for more than three hours. If dropping off and picking up a child causes little or no tension, parents have an easy and affordable caregiver.

However, if parents struggle to cooperate, live farther away, or have unpredictable work schedules, the right of first refusal may only make sense when a parent has to be absent for at least a day. Parents’ circumstances may even dictate that the right of first refusal is inappropriate or unnecessary - that is all acceptable, as long as they address it in the parenting plan.

Speak to a Kane County Parenting Plan Lawyer

An experienced North Aurora, IL parenting agreement attorney at the The Law Office of Matthew M. Williams, P.C. can help you design and negotiate a parenting plan that protects the best interests of your child while recognizing your needs and priorities as a parent. We are committed to working cooperatively with your child’s other parent whenever possible, but we will be assertive if necessary. Call us today to schedule an initial consultation and learn about what we can do for you. Contact us at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.3