First Right of Refusal Divorce

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Divorce is a shattering experience for both the partners as they have to part ways from each other. It is an extremely tough decision as it means ending all the feelings and expectations that one has from the other at the time of marriage. Most of the people avoid taking divorce as they do not wish to hard their children or bear the negative effects of them being drifted apart. Most of the people choose to take joint custody of the children so that they both get to spend time with their child. First right of refusal divorce is a procedure that comes into picture when handling child custody issues It basically pertains the non-custodial parent of the child.

Post divorce, the divorced parents enter into the phase of co-parenting. During this phase, the parent with whom the child is currently staying needs to be away from the child for some time for a specific reason, like a doctor's appointment or a business trip. The first right of refusal implies that the other parent is the first individual on the list of persons who can be contacted by the parent (who is away during parenting time) to ascertain whether the (other) parent is available to take care of the children while he / she is away. A clause pertaining to the first right of refusal must be included in the divorce agreement.

Feasibility of the First Right of Refusal Divorce


Consider that the divorced parents reside close to each other. The children find it very simple and easy to switch between these two homes. These divorced parents find it very smooth to execute the first right of refusal. Gradually, the children accept the fact that the only change in their lives is that the parents simply do not reside together.

Not Possible

The existence of one or more of the following conditions makes it difficult to exercise the first right of refusal.

  • If the parent having parenting time fails to be fully responsible towards the children and needs to find alternate care to take care of the child.
  • The feelings of anger and hurt that were developed during the divorce phase may impact the interaction in the co-parenting phase. Due to this one parent may find it unbearable to request the other parent for assistance.
  • During the marital life to the divorce phase, a lack of trust had been developed between the two, and hence they are reluctant to communicate with one another.
  • The divorced parents have new partners in their lives. This is an additional hurdle that makes co-parenting difficult in a manner that is seamless for the children.

Some facts about the First Right of Refusal Divorce

  • The parents should make a crystal clear agreement pertaining to the manner of offering and accepting this right. Both should decide whether it should be done by email, fax or telephone. The amount of notice time for offering the right and accepting the option should be contemplated. The right should be described in such a way that it is flexible and functional. It should effectively prevent the parent from executing last minute arrangements and activities with the fear of any lawsuits due to non cooperation and non compliance.
  • This right should not intervene with grandparent or any other family member's occasional visitation time.
  • This right should not interfere with after school extracurricular activities, preschool enrichment (educational preschool not in excess of 20 hours a week) or regularly scheduled school activities of the child.
  • Consider that the parent requesting this right is a payer of child support and / or spousal support. Then, the payer should not use this right as an excuse to decrease the support amounts

It is very essential to have complete idea about the rules and regulations that are necessary in order to take divorce. The divorcing partners should hire a good attorney after carefully researching about them; it is necessary to choose an attorney who has a lot of experience about the first right of refusal in divorce. Children usually feel left out and alone when they see their parents part ways from each other and that is why parents should try not to let the negative effect of divorce hamper the growth and success of the children. The information stated above will help all the divorcing partners in understanding the first right of refusal. The information is authentic and that is why people would be benefited by the same.

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