What is the right of first refusal?

On Behalf of | Sep 15, 2025 | Child Custody

Parents who are ending their romantic relationship should create a parenting plan that outlines how they’re going to raise their children. This plan should include various points, such as childcare.

When you’re considering the terms for childcare, you should explore the right of first refusal to determine if this is something that would benefit your children. The right of first refusal allows one parent to provide care for the child when the other parent needs a babysitter.

How does the right of first refusal work?

The parenting plan should outline the minimal amount of time that the parent would need a babysitter to trigger the right of first refusal. If the parent needs childcare longer than that minimal time, they should contact the other parent to find out if they want to take care of the child. This should be done as soon as the parent realizes they will need someone to watch the child.

The parent who’s asked to care for the child should provide an answer quickly so the other parent can plan if they’re unable to watch the child. The parents should only agree to watch the child if they’re able to commit to taking care of the child for the time period necessary. If the parent who is asked to care for the child is unable to do so, the parent who has the child can find other childcare options.

The right of first refusal is only one thing to think about when you’re creating a parenting plan. Everything within that plan, including parenting time agreements and special schedules, should be based on what’s best for the child. It may be beneficial to work with someone who understands the circumstances and can help you determine how to set up the plan.