The Law Offices of James A. Cuddy, LLC

Call To Find Your Way Forward 203-583-8256

The Law Offices of James A. Cuddy, LLC

Call To Find Your Way Forward 203-583-8256

Call To Find Your Way Forward 203-583-8256

Direct, Honest And Fair Family Law Solutions

Why do custody agreements have right of first refusal clauses?

If you intend to share custody of your kids with your ex-spouse after your divorce concludes, you may have some concerns about his or her decision-making capabilities. Specifically, you may worry your ex will leave your kids with someone who is irresponsible or unsafe.

When it is his or her parenting time, your ex likely has broad discretion to parent your kids as he or she sees fit. This includes deciding who will babysit when your ex goes to work or runs errands. A right of first refusal clause may help you retain some control.

What does a right of first refusal clause do?

A right of first refusal clause is not a standard part of a typical custody agreement, as many parents trust their ex-spouses to make the right childcare decisions. Still, you probably have the option of inserting one into your custody agreement.

A right of first refusal clause simply gives you the option to care for your kids in your ex’s absence before he or she can ask anyone else. Not only does this type of provision potentially give you more time to spend with your children, but it also allows you to keep your ex from handing the kids off to someone you do not trust.

Is the clause inconvenient for you?

After your divorce, you may feel like you are busier than ever. According to Psychology Today, you also may benefit from the private time you get when your kids are with their other parent. Fortunately, you do not have to invoke your rights under the right of first refusal clause. If you are unable or willing to watch the kids, your ex-spouse can ask someone else after you refuse.

Ultimately, until you see how your former partner parents in his or her post-divorce environment, having a right of first refusal clause in your custody agreement may give you some peace of mind.

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