What Is Right Of First Refusal And How Does It Work?

Hot Topics in Divorce Blog

By Robin Roshkind, Esquire, West Palm Beach, Florida

When there are children involved in a divorce, often times the parents lobby for extra time to themselves or extra time with the kids.  By agreement of the parties, a right of first refusal can be written into the divorce decree.  What this means is that if one parent is supposed to have time sharing with the children at an appointed time, and cannot be there, that parent will offer the other parent the right to take the children first, before making other arrangements for a baby sitter, after care program or a family member or friend to have the child. 

Right of first refusal can be offered for pick up at school, a weekend getaway, or any time that a parent cannot be there for the child/ren when they are supposed to be.  Most parents who do not have the child…

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