Parents often face the problem of having to go to work or somewhere else of importance and they need someone to care for their child. This situation arises in marriage many times, but it also happens after a couple has divorced. When a couple is married, the situation is not so problematic. Either one of the parents can watch the children, or the parents will agree on a babysitter. After divorce, the situation becomes much more complicated. So, what do you do if you are divorced and need to leave your child with someone else? It may depend on what your divorce agreement says.
The Right of First Refusal
Until recent years, Illinois law did not specify what should happen when someone other than the parents needed to watch the children. However, on January 1, 2014, a new law took effect that gives the other parent the right of first refusal. This legal statute requires parents in certain situations to offer the other parent the right of first refusal to watch the child.
For example, Parent A and Parent B may share joint custody of their child. The child may stay with Parent B for the weekend, but Parent B is called into work and needs a babysitter. If the couple’s divorce agreement stipulates a right of first refusal, Parent B will have to provide Parent A with the first opportunity to watch the child, before asking anyone else. If Parent A cannot watch the child, Parent B can then ask anyone they choose to watch the child....