A parent who cannot care for a child during scheduled parenting time may wonder whether the other parent should have the opportunity to step in before a babysitter or other caregiver is used. A right-of-first-refusal provision can address this situation by giving the other parent that opportunity under specific circumstances.
How does a right of first refusal work?
A right-of-first-refusal provision generally requires a parent to contact the other parent before arranging outside childcare when the parent will be unavailable for a specified period. The other parent can then decide whether to care for the child during that time, subject to the terms of the parenting plan.
South Carolina law allows parenting plans to address parenting time and other arrangements involving a child’s care. A right-of-first-refusal provision can be one way to address childcare during a parent’s scheduled time. For example, a plan might require a parent to contact the other if they expect to be unavailable for four or more hours.
When can this provision be useful?
This arrangement may be helpful when a parent’s work schedule, travel or other obligations regularly create childcare needs during scheduled parenting time. It can give both parents a defined process for handling those situations instead of leaving each parent to make separate arrangements.
The provision may be particularly relevant for parents with demanding or changing work schedules. Parents can discuss whether the arrangement fits their circumstances when creating or modifying a child custody plan.
What should the parenting plan address?
The provision should explain when the right applies and how the parents should communicate. Parents may also want to address how much notice is required, how the other parent responds and whether specific exceptions apply.
For example, a plan could distinguish between a short absence and an extended period when childcare is needed. Specific language can make it easier for both parents to know what the parenting plan requires in a particular situation.
Creating a workable custody plan
A right of first refusal is only one part of a parenting plan. Its value depends on whether the terms fit the family’s circumstances and clearly address situations that may arise. Considering these details when establishing or modifying a custody arrangement can help parents create a schedule that works for their children and their day-to-day lives.