Should My Custody Order Include a Right of First Refusal Clause?

If you're a parent seeking a divorce in Pasadena, you're probably wondering how to best preserve your relationship with your child. One way to make sure you're getting to spend as much time with your son or daughter as possible is to include a right of first refusal clause in your custody order.

The right of first refusal is a custody provision that allows the noncustodial parent a chance to spend extra time with his or her children. The right of first refusal means that a custodial parent must first ask the noncustodial parent to care for the child before the custodial parent is able to hire a sitter or enlist the assistance of another friend or relative in caring for the child.

The right of first refusal means that the custodial parent must allow the noncustodial parent the opportunity to care for the child while he or she is at work, if the noncustodial parent's schedule permits. The custodial parent must also allow the noncustodial parent the chance to provide childcare if the custodial parent has a date, needs to attend an adults-only social function, or is traveling out of town on business.

The right of first refusal is intended to give the noncustodial parent the chance to spend as much time with the child as possible. The noncustodial parent is always free to say no to any child care request from the custodial parent, but he or she must first be consulted before the custodial parent can make other arrangements.

Obviously, the right of first refusal is most appropriate if the child's parents will be living in close proximity. It can also be used in joint custody cases where the parents each have the child 50% of the time.

The right of first refusal should not be included in cases that involve domestic violence, drug abuse, alcohol addiction, or an impairment that would prevent one parent from providing appropriate care for the child.

How Can We Help?

If you are in need of legal representation during your divorce, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena family law firm is staffed with experienced attorneys who are eager to advocate for the needs of both you and your child throughout the process.

Categories