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Right of First Refusal

Posted by Gerald Williams 
· September 14, 2017 
· 4 Comments

When separated co-parents establish the grounds rules for their parenting schedule, it is common to include a “right of first refusal.”  The right of first refusal allows an “off-duty” parent to care for the child(ren) during the other parent’s parenting time if the “on-duty” parent is gone for a while.  The “off-duty” parent is made aware, in advance, that the child will be in the care of a third party because of the “on-duty” parent’s absence, and given the opportunity to provide care instead of the third party.

The right of first refusal may apply to an overnight, or for a block of time, such as four (4), six (6) or eight (8) hours – whatever the parties agree to, or whatever is devised by the court or decision-maker.

One issue that often arises with the right of first refusal is the situation in which it applies to children’s spending time with grandparents or extended family.  If the ROFR is applied strictly in every situation, then the children would theoretically never have sleepovers at a friend’s house, or long visits with grandparents.  Conversely, a parent could circumvent the ROFR altogether if grandparents are deemed an exception to the ROFR rule, and grandparents live nearby.

Most commonly, the right of first refusal applies to avoid children being in the care of a babysitter when they could be with their other parent.

4 Comments
Categories : Parenting Time
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Comments

  1. Jenna says:
    January 3, 2019 at 3:24 am

    Can one parent pay another parent to care for the children instead of paying a sitter?

    Reply
    • Gerald Williams says:
      September 25, 2019 at 1:49 am

      It would be rather unusual for one party to agree to pay for the other party’s child care. And it would have to be by agreement, because the court would not impose that. Child care support under the statute (Minnesota Statute Section 518A.40) contemplates care provided by a third party, not care provided by one of the parents.

      Reply
  2. Jessica says:
    December 20, 2020 at 4:12 am

    What if the paperwork states, “parents agreed to afford each other the right of first refusal should they need to provide childcare outside of there family and regular care providers “ does that mean the working parent doesn’t need to ask the other parent first and can ask their family first? Or do they need to ask the other parent first?

    Reply
    • Gerald Williams says:
      December 20, 2020 at 4:19 am

      That provision indicates that the working parent does not need to ask the other parent first before enlisting a family member (or regular care provider).

      Reply

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