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

 Posted on April 13, 2020 in Parenting Time (Visitation)

The parenting time schedule that parents create during a divorce is the best estimate of what times of the week each parent will be available to care for the children. There are always special circumstances in which a parent may be unavailable during their normal parenting time. Maybe your job needs you to stay late or travel for a meeting. Your best friend may 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, such as a relative, friend, or babysitter. However, some parenting agreements include the right of first refusal, which requires you to offer your co-parent the chance to care for the children before anyone else.

How Do You Create the Right of First Refusal?

The right of first refusal is not implied in Illinois. Your parenting plan must state that each parent will have the right of first refusal, which you can add yourselves or a court could require. When parents cannot agree on the right of first refusal, a court may decide to include it in the parenting plan if it would be in the best interest of the children.

How Does the Right of First Refusal Work?

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
• Whether another adult, such as a stepparent, has a right to watch the children that supersedes the co-parent
• What is the minimum advance notice to offer the right of first refusal
• 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

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.

Contact a DuPage County Divorce Lawyer

The right of first refusal is one of the issues you should discuss when creating your parenting plan. A Naperville, Illinois, divorce 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.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.3