What Is the Right of First Refusal in Child Custody Cases?

The right of first refusal is a provision in Colorado child custody cases. The clause grants a parent the right to provide care for a child when the other parent with scheduled parenting time cannot. Seeking alternative childcare occurs only when a parent cannot provide care during that time. Including the right of first refusal in a Colorado child custody agreement can address childcare concerns.

What Is the Purpose of the Right of First Refusal in Child Custody Cases?

Children and parents benefit from having the right to spend more time together. The right of first refusal outlined by the Colorado judicial branch may lessen the instabilities a child experiences after divorce. Childcare can become more predictable, reducing the stressors on a child that result from their caregiver continually changing.

The clause also strives to ensure a safe place for a child. Including a right of first refusal clause in a child custody agreement encourages parents to work together and communicate to ensure a child’s best interests. The clause is not mandatory, but it can help you and a co-parent address childcare needs.

What Issues Does a First Right of Refusal Address?

The clause can establish crucial guidelines for parents who wish to incorporate it into a Colorado child custody agreement. Concerns parents can address in a first right of refusal might include:

• Establishing a timeframe for notifying the other parent when childcare is needed and how long a parent has to respond to a co-parent’s request
• Establishing what circumstances require one parent to notify the other when childcare is necessary and how communication should occur
• Waivers allowing a parent to give up their right of first refusal when personal commitments, such as employment, prevent them from providing childcare during the other parent’s parenting time
• Exclusions that may apply to the first right of refusal, such as scheduled holiday plans or visits with a grandparent or trusted relative
• The right of parents to modify the right of first refusal through mutual agreement

The right of first refusal is part of a court order. Parents must abide by the terms in the clause or risk being in contempt of court.

What Alternatives Exist to a Colorado Right of First Refusal in Child Custody Cases?

Including the agreement in a child custody order may not be the best option for you or a co-parent. Numerous alternatives exist when co-parents can work together to care for a child. Other arrangements may include:

• Scheduling childcare with a relative, such as a grandparent or another individual with familial ties, to provide family time and a safe environment when a parent cannot be present
• Creating a flexible visitation schedule that is less rigid, providing more opportunities for each parent to spend time with a child
• Establishing a set time that accommodates a non-custodial parent’s schedule to support and encourage regular visits with the non-custodial parent

Each family’s unique situation will determine its needs. For example, summer vacations and child custody in Colorado may require extensive planning and shifts in parenting time.

Legal options exist, like including a right to first refusal, to create beneficial childcare options that allow each parent to care for a child when the other is unable. When co-parents work together and receive guidance from an experienced child custody attorney in Broomfield, Colorado, they can better support a child’s best interests and childcare needs.