Right of First Refusal
Right of First Refusal
The court may award a parent the right of first refusal when that parent has been awarded parenting time and it is in the best interest of the child. Parents may also agree to the right of first refusal. It means that if a parent who has the kids needs a babysitter for a significant period of time, they must offer time with the kids to the other parent before using a babysitter.
The law is set out in 750 ILCS 5/602.3.
When is it in the best interests of the children?
The idea behind the right of first refusal is that it is better for kids to spend time with parents than someone else when possible. It is a great way for parents to get additional quality time with their kids. However, if the terms are not clearly set out, it can cause disagreements between parents and sometimes stress on the kids.
Can my ex leave the kids with her new husband? What about grandma?
The law says the right of first refusal can be used when a parent will be using a substitute caregiver. Technically, that could include a step-parent or grandparent. That is one of many reasons it is important to clearly define the terms of the right of first refusal.
As part of the court’s order, it can be enforced judicially through a petition for contempt or even a petition for adjudication of parenting time abuse. A parent who leaves a child with a new spouse while he goes to his softball game for 2 hours could end up in contempt of court unless the parenting plan is specific and distinct. Therefore, some judges have moved away from granting the right of first refusal.
Make it clear
However, the right of first refusal can be a helpful and fair tool for parents when done right.
A parenting plan should define what is a significant amount of time. The definition should be reasonable. Are we talking about a one-hour trip to the grocery store? That is probably not reasonable. What about a 6-hour golf tournament? That seems more reasonable.
Additionally, the parenting plan should define a substitute caregiver and specifically eliminate those caregivers such as a step-parent if that is that is the intention.
Finally, it is also a good idea to set out times for responding and how the transportation will work.
As you can see, a lot needs to go into a parenting plan. We have extensive knowledge in preparing parenting plan and litigating parenting issues. Please contact us to discuss the specifics of your case in an initial consultation.
Content contained on this site is for informational purposes only and should not be considered legal advice. You should consult an attorney of your choosing to discuss your particular case and to obtain legal advice specific to your situation.
