Right of First Refusals

October 20th, 2025 by Tiffany Hughes

When parents are going through a divorce or separation, one of the most important issues is how parenting time is managed to best serve the child’s needs and best interests. One tool used to help achieve this goal is the right of first refusal, which can be included in a parenting plan.

So, what is right of first refusal? It is a legal provision that requires a parent to offer the other parent the opportunity to care for their child before arranging for a substitute caregiver, such as a babysitter or relative, when that parent must be absent for a significant period during their scheduled parenting time. This provision promotes more time with the parents and less time with third parties, which can be vital for the child’s emotional stability and ongoing relationship with both parents.

What is the Purpose of Right of First Refusals?

The primary purpose of right of first refusals is to support effective co-parenting and ensure that children spend as much time as possible with their parents rather than with alternate caregivers. This is especially important in cases where one parent’s absence may otherwise lead to extended care by third parties. By encouraging parents to offer care to one another first, this provision fosters cooperation, enhances parental involvement, and protects parental rights while prioritizing the child’s best interests. Courts and parents alike recognize that a child’s well-being is often improved by maximizing direct parental contact, which helps maintain emotional bonds, stability, and routine.

Key Elements of Right of First Refusals

A right of first refusal clause is only effective when it includes clear and specific provisions addressing the following key elements:

1. Time Frame of Right of First Refusals: The time frame, also known as the durational trigger, specifies how long a parent must be absent from their parenting time before the other parent’s right to care for the child arises. For example, a clause might state that the right applies if the absence exceeds four hours. When courts impose this right, the time frame is determined based on what best serves the child’s interests, but when parents agree, they can negotiate a time frame that fits their circumstances, balancing practicality and fairness.
2. Qualifications for Right of First Refusals: This part outlines the specific conditions under which the right applies. It can define what types of caregivers qualify as substitutes and whether the right applies only to absences during scheduled parenting time or more broadly. Qualifications ensure the provision is used appropriately and avoid unnecessary disputes over minor or brief absences.
3. Alternate Care Options: The parenting plan should also address care arrangements for short absences that do not meet the durational trigger for right of first refusal. This clarifies who may care for the child during brief times, preventing confusion and maintaining consistency in the child’s care.
4. Notice and Response Time: An important practical component is the notice period required before offering the right of first refusal and the response time allowed to the other parent to accept or decline the opportunity to care for the child. Clear communication protocols minimize misunderstandings and conflicts, making co-parenting smoother and more predictable.
5. Transportation Responsibilities: When the right of first refusal is exercised, the clause should specify who is responsible for transporting the child to and from the caring parent’s home. Transportation arrangements can be a frequent source of tension, so defining this responsibility promotes fairness and cooperation.

Advantages and Disadvantages of Right of First Refusals

There are several advantages to including a right of first refusal in your parenting plan or Allocation Judgment in Illinois. It encourages meaningful parenting time beyond the scheduled visits, fosters communication and cooperation between co-parents, and ultimately benefits the child by increasing stability and reducing reliance on third-party caregivers. This provision can also help avoid parenting time issues by providing a clear framework for parenting time adjustments.

On the other hand, there are disadvantages to consider. The right of first refusal can sometimes lead to logistical challenges, especially if parents live far apart or have conflicting schedules. It may also become a source of conflict if parents disagree about the conditions under which the right applies or if it is perceived as inconvenient or burdensome. Careful drafting and mutual agreement on the terms are essential to mitigate these disadvantages.

Allocating vs. Restricting Parenting Time

It is important to understand that the right of first refusal deals with allocating additional parenting time rather than restricting it. While restricting parenting time occurs when a court limits a parent’s time due to concerns about the child’s safety or well-being, right of first refusal focuses on offering extra parenting opportunities voluntarily or by court order to ensure the child spends more time with a parent before a substitute caregiver is used.

Modifying a Parenting Plan to Include Right of First Refusal

If you already have a parenting plan but want to include a right of first refusal provision, the plan can be modified either by mutual agreement of the parents or through a court petition. The Illinois Marriage and Dissolution of Marriage Act provides the framework for such modifications, requiring that any changes serve the child’s best interests. When considering modifications, parents should clearly define the qualifications, time frames, notice requirements, and transportation duties to avoid confusion later.

In summary, the right of first refusal is a valuable tool within parenting plans that promotes co-parenting, protects parental rights, and prioritizes the child’s best interests by encouraging parents to care for their children rather than rely on substitute caregivers. Understanding the key elements, advantages, disadvantages, and how to properly incorporate this right into a parenting schedule can help parents create a cooperative and child-focused parenting plan. If you are involved in negotiating a parenting plan, consider whether the right of first refusal is an option that fits your family’s needs and consult with a qualified family law attorney to ensure it is properly implemented.

Need More Information or Representation?

If you are getting a divorce, need assistance with protecting your child’s best interests, need representation in an Illinois Parentage case, or need representation in any other area of Family and Matrimonial Law in Illinois, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is getting a divorce, who are co-parenting with their spouse in the same house, who want someone to advocate for them in their Illinois divorce, or who are looking for guidance on how to co-parent with their spouse in the same house, who want to include a right of first refusal in their parenting plan, who need help understanding what is right of first refusals, who want advice on the qualifications for right of first refusals, who need assistance outlining the key elements of right of first refusals, who are concerned with the time frame of right of first refusals and how it fits into their parenting time, who are weighing the advantages of right of first refusals and the disadvantages of right of first refusals, who are navigating challenges in co-parenting and seeking solutions that support the best interests of their children, and who want to understand what is the purpose of right of first refusals as they work to finalize or modify their parenting agreement.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

—

This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.