What Is a Parent’s Right of First Refusal in Illinois?

 Posted on September 07, 2026 in Parenting Time (Visitation)

The parenting time schedule gives structure for the days and nights that each parent spends with the children. However, there are always special circumstances in which a parent could be unavailable during their normal parenting time. The right of first refusal gives the other parent the first chance to care for the children before a babysitter, relative, or other caregiver is used.

Maybe your job needs you to stay late or travel for a meeting. Your best friend could have invited you to their birthday celebration. You could become sick to the point that you temporarily cannot function as a parent. If your children are too young to care for themselves, you will be looking for another caregiver. However, if your parenting plan includes the right of first refusal, you may need to offer that time to your co-parent first. At Calabrese Associates, P.C., our Naperville, IL family law attorney has over 30 years of legal experience, and we are well-versed in how Illinois handles custody issues.

How Do You Create the Right of First Refusal?

The right of first refusal is not automatic in Illinois. Your parenting plan must state whether one or both parents will have the right of first refusal. Parents can agree to include this right themselves. If one parent wants the right of first refusal and the other parent does not agree, the court can decide whether to include it based on the best interests of the children (750 ILCS 5/602.3).

How Does the Right of First Refusal Work in 2026?

Each parenting plan has its own terms for when and how the right of first refusal will be activated, which either you or the court will define. Key factors you must define include:

• How long the parent must be gone for them to be required to offer the right of first refusal
• How much advance notice a parent must give
• How long a parent has to respond before other childcare options are pursued
• Who will transport the children if the co-parent agrees to care for the children

If you want to include the right of first refusal in your parenting plan, our firm can help you negotiate for specific terms that protect your rights.

Should You Include the Right of First Refusal?

When you are unavailable to care for your children during your parenting time, your co-parent may be the ideal person to be with them instead. However, doing so must be in the best interest of your children. The right of first refusal may be impractical if you live a long distance away from each other or your co-parent is frequently unavailable to accept the offer.

How Can You Enforce the Right of First Refusal in Illinois?

The right of first refusal is a term that many Illinois parenting plans include. It gives one parent the chance to watch the child before the other parent calls a babysitter, a neighbor, or a relative. The right of first refusal applies when it is included in an approved parenting plan or court order.

A parenting plan should spell out clear rules for how the right of first refusal works. It should state how long the other parent must be away before the rule applies, how much notice the parent must give, and how far away the child can be taken. Vague rules often lead to arguments later.

If one parent breaks the agreement, the other parent has options. A parent can file a petition asking the court to enforce the parenting plan. Depending on the circumstances, the court can order different remedies and can even hold a parent in contempt for violating the order.

How Do Courts Determine the Child’s Best Interests?

Illinois courts use several factors to decide what serves a child's best interests. Judges look at these factors closely before approving or changing any parenting plan, including one that includes the right of first refusal.

Some of these factors include the wishes of the child based on the child's age and maturity, the mental and physical health of each parent, and the child's relationship with each parent and any siblings. Courts also consider each parent's willingness to support the other parent's relationship with the child, any history of abuse or violence, and the distance between the parents' homes.

A judge might also look at each parent's daily schedule, transportation needs, and ability to cooperate with the other parent. The court can consider how the parents handled childcare in the past and whether previous parenting arrangements worked well for the family. If an arrangement caused frequent conflict or confusion, the judge can consider that when deciding what would work best going forward.

A judge weighs all these factors together. No single factor decides the outcome. Courts also consider whether a proposed right of first refusal rule would help or hurt the child's daily routine, since frequent handoffs can be stressful for some children.

What if We Can’t Agree on a Parenting Plan?

Parents do not always agree on every part of a parenting plan. When parents cannot reach an agreement, mediation is often the next step. A neutral mediator can help both sides talk through their concerns and try to find common ground.

If mediation does not work, the case may go before a judge. The judge will review evidence, hear testimony, and decide what parenting plan serves the child's best interests. This process can take time, so early legal guidance often helps avoid delays.

When there is already a parenting plan in place, a court will sometimes appoint a parenting coordinator to help with smaller disagreements between the parents. A parenting coordinator can help the parents follow the existing plan and work through minor disputes without returning to court for every issue. This option works best when both parents are willing to communicate, even if they do not agree on everything. Courts may still get involved later if larger disputes arise, but a coordinator can often keep smaller issues from turning into bigger legal battles.

Contact a DuPage County, IL Child Custody Lawyer

The right of first refusal is one of the issues you should discuss when creating your parenting plan. Our Naperville, Illinois, family attorney at Calabrese Associates, P.C. can help you create the terms for the right of first refusal. Schedule a consultation by calling 630-393-3111.