Right of First Refusal in Custody Cases

Right of First Refusal in Custody Cases

During the process of drafting a child custody agreement, many decisions are being made, and one or both parents might consider including an optional “right of first refusal” clause. The right of first refusal requires one parent to give the other parent the option to take care of their child if they have a childcare scheduling issue before reaching out to a family member or a babysitter. 

This might seem like a natural solution for both parents, as scheduling conflicts are bound to happen from time to time. The co-parent gets to spend more time with their child, and the other parent does not have to spend additional money on a babysitter. That said, in Texas, the right of first refusal can become tricky and complicated, causing more issues than it solves at times, especially if the two parents are already struggling to communicate and co-parent with one another. 

When drafting a custody agreement, always work closely with an experienced Fort Worth child custody attorney.

How Does the Right of First Refusal Work in Texas?

It is important to understand how the right of first refusal works if you are considering adding this clause to your child custody agreement. The key principles include:

• If either parent has a conflict, which means that they are unable to watch their child during their custody time, they must first offer the co-parent the opportunity to watch the child before they ask anyone else. 
• The other parent can say yes or no when asked to provide childcare.
• If the other parent is unable or unwilling to watch the child during that time, the first parent can contact a relative or a babysitter for childcare. 

The Pros and Cons of Right of First Refusal in a Texas Child Custody Agreement

The pros of a right of first refusal clause in a child custody agreement are fairly apparent. Your child gets to spend more time with a parent instead of with a childcare provider or other family member, and you have the ease of scheduling with the co-parent. This can work well if both parents live close to one another and have a good, open line of communication. 

There are challenges that can come up with a right of first refusal cause especially if the agreement is not well defined and causes confusion with the two parents. Additionally, if the parents are not on good terms and have a difficult time communicating and find themselves in conflict when making even small decisions, a right of first refusal can add stress on an already tenuous relationship. 

Talk to an Experienced Fort Worth Child Custody Attorney Today

Crafting a child custody arrangement that works for both parents can be one of the most challenging tasks during your divorce. At MBH Fort Worth Family Law, our team is committed to helping our clients come to an agreement that works for them and their children. 

If you have questions or are struggling or need to negotiate a child custody agreement, contact us online today to schedule a free initial consultation. You can also call us at 817-476-7964. We are here and ready to help.

Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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