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Right of First Refusal: Pros and Cons

Right of First Refusal

Right of First Refusal: Pros and Cons

July 24, 2023

By Johnson/Turner Legal

Right of First Refusal: Pros and Cons

July 24, 2023

By Johnson/Turner Legal

Navigating Divorce: Financial Decisions and Child Custody

Managing Complex Choices in Divorce

Divorce brings many challenging decisions, from financial arrangements to child custody. Spousal maintenance, bill payments during the divorce process, and determining who keeps the marital home are just a few of the financial considerations. However, child custody often emerges as the most contentious issue.

Crafting Parenting Plans: The Right of First Refusal

In ideal situations, parents work together to create a parenting plan tailored to their family’s needs. This cooperation can include specific provisions, such as the “right of first refusal.” This clause states that if the parent with current custody can’t care for the child due to work or social commitments, the other parent gets the first chance to take care of the child before considering alternatives like babysitters or relatives.

Pros of the Right of First Refusal

  1. Maximizing Parent-Child Time: This provision can increase the time children spend with both parents, enhancing their bond and providing stability.
  2. Cost Savings: For example, if a mother needs to attend a class, the father could step in for childcare, reducing the need for external childcare services.

Cons of the Right of First Refusal

  1. Potential for Conflict: Increased interactions during child handovers can lead to misunderstandings and disputes. To mitigate this, the parenting plan should clearly define the conditions triggering this right, such as the parent being unavailable for 12 or more hours.
  2. Not Suitable for High-Conflict Relationships: In cases where parents struggle to communicate amicably, the right of first refusal might not be beneficial due to the potential for increased conflict.

Consulting for Tailored Parenting Solutions

Finding creative and effective parenting solutions that suit your family’s unique dynamics is crucial. Contact us for a consultation to discuss your case and explore how we can assist in developing a parenting plan that works for you and your children.


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