WHAT IS A “RIGHT OF FIRST REFUSAL”?

By: Lillian C. Hahn

A right of first refusal is a contractual right that can be found in many areas of the law, but particularly in custody matters. A right of first refusal included in a Separation Agreement, Custody Order, or Judgment of Divorce generally requires a parent who is scheduled to have parenting time with a child to give the other parent the option to be with the child in the scheduled parent’s absence, before using the childcare services of a third party, such as a babysitter, daycare facility, friend, or relative. 

This option is “first” given to the other parent, who may then either “refuse” or accept it. While the parent given this option may not be able to care for the child in every such instance, the right of first refusal offers him or her the opportunity. 

It is almost always deemed preferable for an available parent, rather than someone else, to care for a child. 

Contact the matrimonial and family law attorneys at O’Connell & Aronowitz if you have any questions about custody of your children.