What is the Right of First Refusal in Parenting Plans?
When two parents get a divorce, they may spend more time with their children one-on-one than they did during the marriage. While this is great quality time, many parents still feel as though they do not have enough time with their child, regardless of how fair their parenting plan is. This is one reason many people include a ‘right of first refusal’ clause in their plan. This clause gives both parents more time with their child.
What is the Right of First Refusal?
A right of first refusal applies when one parent cannot care for their child during their designated parenting time. With a right of first refusal, the parent who is unable to provide care must notify the other parent first. The other parent then has the right to care for the child during that time. The right of first refusal does not require the other parent to provide care. It only requires that they are contacted first before any third party caregiver.
There are a number of situations in which the right of first refusal may apply. For example, you may learn on Saturday that you have to take your parent in for a medical procedure the following Tuesday, when you are supposed to be with your child. Or, you may be spending time with your child on a Saturday when there is an emergency at work that requires you to go in for a few hours. In either of these scenarios, the right of first refusal would apply.
Details to Include in Right of First Refusal Clause
Within the right of first refusal clause, you can also include other details. Generally speaking, the more details you include, the less likely it is that disputes will arise in the future. Some of the details to include are as follows:
- With the exception of emergencies, how much notice either co-parent must give to the other parent
- The method of communication for co-parents, such as calling, texting, emailing, or using a parenting app
- Whether time lost with the child will be made up in the future
- Whether trading time is an option
In some cases, it is easier to simply trade time spent with the child. For example, if you know many days in advance that you will have to work on a Saturday when you were supposed to spend time with your child, you and your co-parent may simply decide to trade days.
Our Child Custody Attorneys in Tampa Can Help with Your Parenting Plan
A solid parenting plan can eliminate confusion and help you avoid disputes in the future. However, not all parenting plans are created equally. At All Family Law Group, P.A., our Tampa child custody attorneys can provide the advice you need when drafting your plan to ensure it is fair to both parties and reflects your child’s best interests. Call us now at 813-672-1900 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
