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Protecting Your Rights In Family Matters

Does your parenting plan have a right of first refusal?

On Behalf of | Dec 5, 2022 | Child Custody

Hashing out the plans for parenting your children after a divorce is something that many couples find difficult. With emotions running high and patience so low, you may find yourself facing difficult choices in compromise to push through your divorce. Is a right of first refusal important?

Learn more about what this clause means and whether it is worthwhile to include in the plan.

What does a right-of-first refusal do?

The parenting plan acts as a handbook that guides you and your ex through navigating parenting time. One of the crucial elements of a parenting plan is the schedule that sets out which parent the children are with at any time.

What happens if you cannot exercise parenting time on your designated day? This is where the right of first refusal clause comes in. The provision sets forth the expectation that should you or your ex have a schedule conflict, you will alert each other and offer the time to the other before asking someone else.

What makes a right of first refusal contentious?

Absent a right of first refusal, you could ask anyone to watch your children during your parenting time. This may include family members your ex does not approve of or friends that your ex does not know. While this may not seem like a big deal, consider it in reverse. Do you want the opportunity to keep your children should your ex have a conflict?

When considering how to craft any or all of your parenting plan, keep the children and their best interests in mind. An Illinois judge will do that for you should you and your spouse not agree.

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