The Right of First Refusal: Is it Right For You? 

 Posted on May 17, 2022 in Family Law

b2ap3_thumbnail_hinsdale-family-law-attorney_20220517-214621_1.jpgWhen parents of underage children get divorced in Illinois, they must create a parenting plan as part of their divorce decree. Parents are encouraged to work together to create this parenting plan without the help of a judge and may be ordered to attend mediation if necessary in order to do so. Although working together with your ex may not be easy, both parents are far more likely to be satisfied with the terms of their parenting agreement when they create it themselves. 

Parenting agreements contain many different parts, including when children will be with each parent, where holidays will be spent, and how parents will transfer children between households. But there are less well-known parts of a parenting agreement that can be very beneficial to children and parents alike. One of these is known as “the right of first refusal.” 

How Does the Right of First Refusal Benefit Parents? 

The right of first refusal is a term describing the idea that when a parent needs to leave their children with a substitute childcare provider for a “significant period of time,” that parent is required to first approach the other parent to see if he or she is available to care for the children. If the other parent is not available, he or she can refuse - hence the term “right of first refusal” - and the parent who needs childcare may then go on to seek it elsewhere. 

Parents benefit from the right of first refusal in a few ways. First, they can take advantage of the preexisting willingness of the other parent to care for their children when necessary. This can give parents a much-needed break and ease the stress of leaving children for extended periods. It also allows parents to save money on childcare. Perhaps most importantly, it allows parents to spend additional time with their children even after a divorce. 

How Does the Right of First Refusal Benefit Children? 

Without a doubt, children are the primary beneficiaries of the right of first refusal. Most importantly, they get to maximize the amount of time they get to spend with each parent and the stability and predictability that brings. Children also benefit from parents who are rested and recharged after taking time to themselves, whether to take regular night classes, travel with friends, or go on a work trip without worrying whether the children are in good hands. 

Call a Hinsdale, IL Parenting Agreement Lawyer

An important part of creating a great parenting agreement is understanding your options and how you can make them work for you. At Law Office of Martoccio & Martoccio, our DuPage County parenting agreement attorneys have the experience and skill to help you with every aspect of your divorce decree. Call us now at 630-920-8855


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