What Is the Right of First Refusal?

The Right to Provide Care

The right of first refusal is a provision commonly included in parenting plans to ensure both parents have every opportunity possible to spend time with their child. A parent with the right of first refusal has the right to be given the opportunity to watch the child before the other parent places the child with a third-party childcare provider. The parent with this right must be given the opportunity even if it is not within his or her custodial or parenting time. The parent can refuse the opportunity if he or she cannot accommodate it.

Typically, a provision for the right of first refusal is included in parenting plans to ensure both parents’ rights are protected. A knowledgeable New Jersey child custody attorney will know when it is appropriate to include such a provision in the plan. Even when not explicitly stated in the parenting plan, this is a common right because it is often in the best interests of the child to spend time with a parent as opposed to a childcare provider. Accordingly, a parent who denies the other parent the right of first refusal must have good cause for doing so. The parent who is denied the right can take the matter to court to enforce the provision in the parenting plan or have the provision included in the parenting plan so that he or she can defend this important right.

What Is Best for the Child?

A child should spend as much time as possible with his or her parents if it is safe to do so. A parent should not be denied the right of first refusal unless it is in the child’s best interests. If you have concerns about this right, speak with an experienced New Jersey child custody attorney about your options. An attorney can provide advocacy and ensure a provision granting you this right is included in your parenting plan. An attorney can also help you enforce that right if it is violated. And, if you have concerns about the other parent abusing this right, an attorney can help you take the steps needed to ensure your child is safe hands at all times.

If you have questions about your parental rights, the Williams Law Group, LLC is here to help. The experienced attorneys at Williams Law Group, LLC can help you with your child custody case, making sure your child’s best interests are protected and your rights as a parent are defended. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.