The first right of refusal is a provision that may be included in custody agreements and child custody orders in Colorado. It allows a parent the right to care for their child when the parent with the scheduled parenting time cannot. It was only relatively recently introduced into Colorado law. Here is what you need to know about what the first right of refusal is and how it can affect your child custody case.
How the First Right of Refusal Works
The right of first refusal in child custody refers to the right of the other parent to care for their child when the parent with designated parenting time cannot. The other parent may be working, ill, traveling, or have personal obligations that prevent them from caring for their child. They may otherwise arrange for alternative childcare. With the right of first refusal, the other parent is given the first opportunity to care for the child during these times.
What Is Part of a First Right of Refusal Agreement?
Several components may be included in an agreement regarding the first right of refusal, including:
- Notification – The notification requirement may mandate that a parent notify the other when they are unable to exercise their parenting time. The agreement may indicate the method of communicating this notification.
- Timeframe – The agreement may state how much time in advance the parent must notify the other of their need for childcare. It can also indicate how long the other parent has to decide to take on the childcare before alternative childcare arrangements are made.
- Waivers – The agreement may indicate that a parent can waive their right of first refusal if providing childcare is not feasible due to distance, work schedules, or other obligations, or if the other parent has alternative childcare arrangements.
- Modifications – Parenting plans may allow the parents to mutually agree on changes to the first right of refusal provision.
The parents must adhere to the terms of the first right of refusal agreement or court order.
What Are the Benefits of the First Right of Refusal?
The first right of refusal in child custody cases offers many benefits to children and parents, including:
- Prioritized involvement of both parents in childcare arrangements
- Shared responsibility for childcare
- Reduced conflict
- Promoted cooperation between the parents
- More time for children to spend with both of their parents
- Healthier and more loving relationships between children and their parents
- Stability and consistency in a child’s care
- Greater security for parents in knowing who will care for their child
Contact Our Child Custody Lawyers for a Confidential Consultation
At Stahly Mehrtens Miner LLC, we can help craft child custody agreements that incorporate the right of first refusal in them. This provision can benefit children and parents alike, but it must be tailored to meet the individual needs of your family. Contact our Boulder child custody attorney today today to learn more about your legal rights and options in Colorado. Call us at (303) 797-2900 to get started.