A parenting plan is essential for ensuring that both parents are present in nurturing a child’s upbringing. It should cover various aspects of the family, including potential gaps in your time-sharing schedule. This is where the Right of First Refusal (ROFR) becomes a vital tool.
What is the right of first refusal?
An ROFR is a common provision in a parenting plan that requires one parent to offer the other the opportunity to care for the child before calling a babysitter or third-party caregiver.
For instance, you have a company event for a certain period. You must ask the other parent if they want to take the child during that time. Should they decline, that is only when you can proceed with a third-party caregiver.
While this is not a mandatory clause, a judge may choose to include it in your parenting plan as it aligns with Florida’s goal of having the child spend time with both parents.
What are the key elements of an ROFR clause?
The courts encourage parents to be clear with their ROFR clause by defining these elements:
- Third-party caregiver: Clarify whether family members are exempt from this.
- Time trigger: Determine the length of absence that triggers the ROFR.
- Notice: Agree on the required lead time to notify the other parent.
- Communication method: Decide which platform will be used for communication and updates.
- Transportation: Establish who is responsible for picking up and dropping off the child during this time.
Note that an ROFR typically does not apply to emergency medical situations, regular school or daycare hours or a child’s bonding time with grandparents.
Weighing the pros and cons of an ROFR
Implementing an ROFR can be a good way for the other parent to bond with their child. This can also reduce the need to pay for expensive child care. However, understand that you need to approach this option with caution as it is often a source of dispute, practical difficulty and communication breakdowns in high-conflict divorces.
Adding an ROFR to your parenting plan requires a lot of consideration. Consider seeking legal advice to ensure the clause serves your child’s best interests.