Illinois Right Of First Refusal In Parenting Time Agreements
As an attorney representing Schaumburg, I am well-versed in parenting time agreements and feel they are invaluable in building up stability and continuity in a child’s life after a divorce or separation. There are those areas within the concept of a parenting time agreement that do not always rise to the level of importance it deserves but is absolutely vital. The “Right of First Refusal” is one of those.
A parenting time agreement in Illinois can include a “Right of First Refusal,” which provides that if one parent is unable to fulfill his or her scheduled parenting time, then the other parent would be given the first opportunity to care for the child. This would mean that before hiring a babysitter or leaving the child with any third party, the parent who cannot be present must first offer the other parent the chance to take the time with the child.
Understanding The Right Of First Refusal In Illinois
The Right of First Refusal is covered under the Illinois Marriage and Dissolution of Marriage Act: 750 ILCS 5/602.3. This doctrine recognizes that it is usually in the best interest of the child to spend time with a parent rather than a third party. In each of these situations, if the other parent is agreeable and available, the Right of First Refusal could foster more bonding time with the child. However, it is not automatically included in each parenting plan; parents must request and agree to the provision, or the court orders it.
The Right of First Refusal promotes co-parenting and cooperation as one of the many benefits. Children may be able to spend more time with both of their parents. Therefore, although their parents are divorced, a stronger co-parental relationship may be maintained along with a strong child-parent relationship.
Key Considerations When Implementing The Right Of First Refusal
If you’ve included the Right of First Refusal in your parenting time agreement, there are some important considerations you’ll have to decide on to make this provision effective. They may include:
How Long Is Considered Unavailability
The parenting plan should specify how long the primary parent must be unavailable to invoke the Right of First Refusal. For example, the provision might only kick in if the parent is going to be unavailable for at least four hours or more. The length of time can be tailored to your family’s specific needs.
Notice And Communication
The agreement should specify what kind of notice the parent needs to give the other when invoking the Right of First Refusal. For example, if one parent knows well in advance that they will not be available during a scheduled block of time, that parent must notify the other parent a certain amount of time prior, such as 24 or 48 hours. In such a way, clear communication takes place, and both parents know exactly what is expected of them.
Transportation And Logistics
Transportation logistics should be worked out. The agreement should clearly state who will pick up and drop off the child in the event that the Right of First Refusal is exercised. In some agreements, it is the responsibility of the parent providing the extra time to provide for the transportation to and from. In other agreements, it is the responsibility of the parent to accept the extra time.
Flexibility And Cooperation
The Right of First Refusal can only succeed in the event that both parents are willing to be flexible and cooperative with each other. In the event that one parent cannot utilize the Right of First Refusal on a particular occasion, that parent may allow the other parent to hire a babysitter or make other arrangements.
Parenting Time Agreements – Effect
The inclusion of the Right of First Refusal in the parenting time agreement might help co-parents with their co-parenting relationship by ensuring more quality time for the child with both parents. At the same time, this might potentially generate conflict if the agreement is deemed vague or if a parent is unwilling to cooperate. When formulating a parenting time agreement, it is quite important that one will know if the Right of First Refusal works in his situation.
Of course, some parents will embrace any fair occasion to be with the child when the other parent has to be away from the child for a lengthy period. For other parents, the Right of First Refusal simply complicates scheduling and leads to disputes when no dispute would have otherwise arisen. That’s just why using an attorney to help you draft a parenting time agreement that fits your family and minimizes the potential for dispute is such a good idea.
When The Right Of First Refusal Might Not Be Appropriate
While there are indeed many advantages that can be gleaned from the Right of First Refusal, it is not uniformly applicable in all circumstances. For example, if the parents are in a situation of high conflict, then mandating frequent communication can actually provide more opportunities for disputes. Similarly, if one parent is seriously concerned about the other parent’s ability to care for the child, then the Right of First Refusal may not be appropriate.
If one parent continually rejects the offer of extra parenting time or fails to follow the procedures outlined, this can also be a source of frustration and conflict. These are but a few of the potential issues that arise, and your attorney should go over these and more when deciding whether to include the Right of First Refusal in your agreement.
Legal Guidance In Drafting A Parenting Time Agreement
When negotiating a parenting time agreement, there is always the best interest of the child in mind, weighing the needs and rights of both parents. A Right of First Refusal is a useful tool in many cases, but it must be carefully drafted to avoid future conflicts. I can help make sure your parenting plan is clear, comprehensive, and workable for both parties in the future.
If you are unsure whether or not the Right of First Refusal is right for your family, I can help you understand how this right applies to your specific situation under Illinois law and the best interests of your family. You can develop a parenting time agreement that promotes your child’s relationship with both parents and minimizes unnecessary stress on all parties involved with the right attorney by your side.
Illinois’s Right Of First Refusal Frequently Asked Questions
What Is The Right Of First Refusal, Exactly?
A Right of First Refusal is a provision contained within parenting time agreements, that one parent shall have an opportunity to parent the child if the other parent is unable to do so during his or her parenting time. Rather than making arrangements for some other party to have the child, one must invite that other parent to share time with the child.
Is Right Of First Refusal A Standard In Parenting Time Agreements?
Right of First Refusal is not a standard, and therefore it does not automatically apply in every Parenting Time Agreement. It is an optional provision that the parents can agree to include or the court may order it be included under certain circumstances where that right would effectively be in the child’s best interest. It can, and should be, specific and tailored for each family.
What If My Ex-Spouse Refuses To Comply With The Right Of First Refusal Agreement?
If your ex does not follow the agreed protocols for seeking a Right of First Refusal, you again may go to court. It could be viewed as a violation of a parenting time order, and there could be court consequences, like modifications of the parenting plan or other variations of sanctions. It’s a good idea to take note of violations and speak with an attorney regarding the options available to you.
Could The Right Of First Refusal Be Inviting More Conflict Between Parents?
Sometimes, the Right of First Refusal actually causes more, rather than less, conflict in situations where the parents already have difficulty communicating or in cases where the parties have a history of high conflict. If you believe the Right of First Refusal will create disputes that otherwise would not be created, then you should think carefully about whether you should include such a provision in your parenting time agreement, and you should discuss your options with your attorney.
How Do I Modify A Parenting Time Agreement To Include The Right Of First Refusal?
To modify an existing parenting time arrangement to include the “right of first refusal,” you will be filing a motion or petition to modify an existing court order. The court will then consider whether the modification in the arrangement is in the best interest of the child. A best practice is to have an attorney help you in filing any modification request to make sure it is correctly filed, and that you have the best case, you can present for modification.
Call Our Schaumburg Parenting Time Agreement Lawyer For A Consultation
If you’re working through a parenting time agreement and exploring the Right of First Refusal, the Law Office of Fedor Kozlov can help. We work with our clients to navigate each step so their parenting plan will serve the best interests of the child. Contact our Schaumburg parenting time agreement lawyer the Law Office of Fedor Kozlov by calling (847) 241-1299 to schedule a consultation. Let us help you protect your interests and relationship with your children.