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What do you know about the right of first refusal?

| Jan 4, 2021 | Child Custody |

You navigate most aspects of your divorce well, but you and your soon-to-be-ex-spouse run into complications when refining the details of your child custody agreement. Have you implemented the right of first refusal?

Our Family Wizard explains how the right of first refusal works. Learn whether the provision may help avoid frustration while raising your shared children together.

Defining the right of first refusal

By including the right of first refusal in your child custody document, you and the other parent must first ask each other to look after your shared children before contacting a babysitter, neighbor, relative or anyone else. No matter if either of you plans to need a babysitter or require one for an emergency, the provision stands in both situations. It is only when you or the other parent cannot look after your child that either of you can ask someone else. The provision applies to instances such as vacations, physician appointments and after-school care.

Advantages of the right of first refusal

One reason to consider implementing the right of first refusal is to spend time with the children you share with your former spouse. Depending on the post-divorce relationship you have with your ex, the provision may make your lives easier knowing that you have a person to call on to look after your child before contacting a babysitter or someone else. Further, you have a better idea of the people watching your son or daughter when you cannot.

Disadvantages of the right of first refusal

There are downsides to the right of first refusal. For instance, if you and the other parent do not communicate with each other well, you may struggle to reach out to each other when you need a babysitter. Further, you may feel aggravated if your ex uses muddled messages or language to convey a request.

 

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