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Will the right of first refusal work for your custody?

On Behalf of | Oct 9, 2024 | Child Custody

Some co-parents have concerns that they won’t spend enough time as they would like with their children post-divorce. The reality is that this is likely true for both parents.

But the good news is there is a way to ensure that you have the opportunity to spend the most quality time possible with your kids.

Include the right of first refusal in your parenting plan

The definition of this arrangement is that whenever the custodial parent cannot care for their child(ren) due to work or other obligations, their co-parent must be offered the chance to step in and care for them.

In some cases, the right of first refusal will not be possible, e.g., if the co-parent is also working or lives too far away to pinch-hit for an evening or a few hours during an afternoon. But when co-parents are committed to putting their children’s welfare first, it can be a great gift to give them precious extra hours with their other parent.

How to make it work

Communication is key here, as it is with most co-parenting issues. Both parents must be willing to share their plans and work out feasible custody arrangements. When the other co-parent can’t take over, this should never be held against them or shared with the kids as a moral failure. Sometimes, the best solution is for another family member or caregiver to assume custody of the children when their biological parents cannot.

Most courts will agree to these arrangements as long as both parents willingly sign off on the agreement. Then, it will be signed by the family law judge and filed with the clerk of court.

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