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Can a right of first refusal increase your parenting time?

On Behalf of | May 21, 2025 | Child Custody

Divorced or separated parents who co-parent with one another have to give up some of their time with their children. Sharing custody means allowing the other parent to have overnight time with the children on a regular basis. Parents have to share time throughout the week with one another. They may also need to split up holidays and other special events.

Either parent might occasionally be unavailable to be physically present with the children and meet their needs during their scheduled parenting time. When that happens, the parent may require childcare services. Some people leave their children with their family members or romantic partners. Others have paid childcare providers they trust.

Instead of accepting the scheduling challenges and expenses of paid childcare arrangements, parents may want to consider adding the right of first refusal to a custody arrangement so that they can both spend more time with their children if circumstances allow.

What is the right of first refusal?

The right of first refusal is a common inclusion in certain types of contracts. Essentially, the right of first refusal extends a specific privilege or consideration related to the agreement to the parties signing the agreement.

In a custody scenario, the right of first refusal typically relates to situations where one parent cannot be there for the children. If the parent who currently has custody of the children gets called into work or falls ill, they might call their sibling or their local babysitter for support. If they have the right of first refusal in their custody arrangement, they should first reach out to the other parent.

The right of first refusal gives the parent who does not currently have parenting time an opportunity to accept responsibility for the children when the other parent is unavailable. Parents should reach out to one another to inquire about availability in scenarios where they cannot directly fulfill their parental responsibilities during their parenting time.

The right of first refusal can make it easier to secure last-minute childcare assistance. It can control the cost of maintaining separate households, as relying on one another for childcare assistance is more cost-effective than paying professionals for their time. The right of first refusal can also allow a parent who may not have an even split of parenting time to augment their time with their children.

Integrating thoughtful details into a child custody arrangement can help parents preserve their connection with their children and maintain a healthy co-parenting relationship. The right of first refusal is one of many common-sense inclusions that people may want to add to a custody order.