What is the Right of First Refusal in Illinois?

 Posted on September 11, 2023 in Chicago divorce attorney

When parents get divorced, they can make a parenting plan that says how much time each parent will get to spend with the children. But sometimes, a parent might not be able to watch the children during their scheduled time. Maybe they have to work late or go out of town. In that case, that parent might need to find someone else to watch the children.

The right of first refusal says that if a parent cannot watch their children, they have to offer the other parent the chance to watch them first under certain circumstances. This means that the other parent has the first chance to be with the children before they go to a babysitter, other family members, or daycare. A family lawyer can help you make sure the right of first refusal is in your parenting plan and that the terms suit your needs.

How is a Right of First Refusal Created?

The right of first refusal is not automatically implied. It has to be written into the parenting plan. The parents can agree to it themselves or a judge can order it if they think it is in the best interests of your children.

How Does the Right of First Refusal Work?

The parenting plan will say when and how the right of first refusal will be used. What is outlined in the parenting plan will be specific to each individual case.

As the right of refusal is an option and not a requirement, divorcing parents who hope to establish joint parental responsibilities and parenting time should address the right of first refusal in the parenting plan.

Some of the things that the plan might say include:

• How long the parent has to be gone before they have to offer the right of first refusal

• Whether another adult, like a stepparent, has a authority to watch your children that is prioritized over the other parent

• How much notice the parent has to give before offering the right of first refusal

• How long the other parent has to respond before the parent can find someone else to watch your children

• Who will transport the children if the other parent agrees to watch them

Should the Right of First Refusal Be Included in Your Parenting Plan?

The right of first refusal can be a good way to make sure that your children are with a parent they know and love when you cannot watch them. It can also promote healthy communication between you and the other parent and help foster a positive relationship between child and both parents. But it is important to think about whether it is really in the best interests of your children.

How to Enforce the Right of Refusal

The best thing to do if the other parent refuses to comply with the right of refusal is to attempt to resolve things amicably. If this is not an option or you fail to reach an agreement, then you can choose to take legal action.

You will have to file a motion in court in the same jurisdiction as the parenting plan was submitted and approved. The motion must cover as much detail about the violation as possible as well as any evidence you may have.

Contact a Kendall County, IL Parenting Plan Attorney

Resolving parenting plan disputes should always be in the best interests of your children. To ensure both parents are holding up to their end of the plan, hire an Oswego, IL parenting plan attorney. The The Law Office of Matthew M. Williams, P.C. has been dedicated to reaching resolutions for family law issues for almost 15 years. Contact us by dialing 630-409-8184 for a compassionate conversation in which you can discuss your case.