Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.
Parenting time is often one of the most important issues in a divorce or custody case. Crafting the agreement allocating parenting time can be difficult. It is impossible to anticipate all the schedule changes that daily life “curve balls” can cause, such as illness, emergencies, and changes in work schedules. One solution to that problem is to incorporate a “First Right of Refusal” into the shared parenting plan or seperation agreement.
WHAT IS A FIRST RIGHT OF REFUSAL CLAUSE?
Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent. This “offer” must be made to the other parent BEFORE attempting to make any alternate plans for the child.
For instance, if the parties share the child week on and week off and have negotiated a typical first right of refusal clause, and let’s say that Dad can’t care for the child due to a family emergency for 5 hours, then he must offer the time to Mother rather than having a family member or care giver watch the child. This … Read More... “What is a First Right of Refusal Clause in a Child Custody Case?”