By: Curtis Wiberg
One provision many parents use when formulating a parenting plan is what is commonly known as a “Right of First Refusal.” Essentially what this provision requires of each parent is that when one parent is unable to exercise the parenting time that they have been awarded, that parent must contact the other parent to give the other parent the option of spending that time with the kids before the parent that is unable to exercise his or her parenting time can be allowed to make other arrangements for the care of the children (e.g.: relatives, babysitters, etc.).
Typically, the parties agree to have the provision apply for overnight parenting time. So, as an example, Mom gets called away on a business trip at the last minute that will keep her from watching her kids on the Monday and Tuesday overnight that week. With a right of first refusal provision, Mom would be required to contact Dad and ask him if he wanted those overnights. Only if Dad declines can Mom then contact a different caregiver to watch the children while she is away. Though right of first refusal provisions are certainly still enforceable, subsequent to a 2007 Court of Appeals decision, it became much less common place for a court to order them absent an agreement between the parents. Continue reading