The Right of First Refusal Can Be an Important Part of Your Illinois Parenting Plan

 Posted on July 28, 2022 in Divorce

Whether you are in the process of filing for an Illinois divorce or modifying your parenting plan after many years of co-parenting your minor children, creating an arrangement that works for both parents and the children usually takes some work. In your agreement that discusses your parental responsibilities and parenting time schedule (known as your “parenting plan”), there are many areas that must be addressed. For most parents, the more specific they can be, the less room there is for debate or conflict once the plan is put in place. One concept that may benefit some parents is the “right of first refusal” - to learn more about this idea, read on. 

The Right of First Refusal and Your Parenting Plan 

Parents are frequently unable to care for their children because of work, healthcare appointments, or social activities. When parents are still married, they can easily rely on each other or speak with a babysitter or family member about providing coverage. After a divorce, however, it can be more difficult to secure childcare. 

One way to manage this is by using the right of first refusal, which requires parents to seek supplementary childcare from each other before asking someone else. Parents can stipulate the circumstances under which they will ask each other for help, as well as provide details about how children will be dropped off and picked up. If parents live far away from each other or do not get along well, they may only want the right of first refusal to kick in when one of them needs to be gone for at least 24 hours. Parents who live nearby and have no issues being flexible and friendly could call each other for coverage at any time. 

Some circumstances make the right of first refusal an unwise or even dangerous idea. You do not have to include the right of first refusal at all if your spouse is abusive, manipulative, or can only have supervised visitation with your children. You also do not need to include the right of first refusal if you simpy do not feel comfortable with a flexible arrangement that would potentially put you in regular contact with your ex. 

Schedule a Free Consultation with a Will County Parenting Time Lawyer

Knowing the full range of options is the first step towards creating a parenting plan that works best for your family. To learn more, schedule a complimentary case review with one of the Plainfield, IL parenting time attorneys at Law Offices of Tedone and Morton, P.C.. We place great importance on your priorities and are happy to negotiate a parenting time agreement with your spouse or go to court if necessary. Call us today at 815-666-1285. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000