The right of first refusal is a clause that parents can add to their custody agreement in Michigan. The clause requires the custodial parent to ask the other parent if they can and are willing to watch the child if the custodial parent cannot.
For example, let’s say you and your ex share custody, and each of you cares for your child on alternating weeks. Imagine you have to stay late at work one day during your week with your child and cannot pick them up from school. Before asking anyone else to pick up your child and watch them until you get home, you must first ask your ex. If your ex says no, then you ask someone else.
The clause may also state how long a parent must be unavailable before the clause activates. Such conditions can reduce the amount of coordinating you need to do with your ex if you’re only unavailable for a short period. For example, you and your ex could agree that if you’re unable to watch your child for only an hour or less, you can get someone else to do it.
Benefits of a Right of First Refusal Clause
The main benefit of a right of first refusal clause is that it prioritizes the child’s welfare above all else. Children form special bonds with their parents, especially at young ages. So, the more time your child can spend with one of their parents instead of a babysitter, the better.
This focus on parents caring for their children can also lead to more involvement in the future. A parent who spends more time with their child knows more about their child’s likes, dislikes, friends, and academic performance. They’re more likely to take an active role in parenting.
The other benefit of this clause is that it can reduce caretaking costs. If you and your ex need to ask each other to look after your child first, you’ll spend less on daycare, after-school care, and babysitters.
Right of First Refusal Custody Isn’t for Everyone
Something to keep in mind is that a right of first refusal custody clause isn’t the best option for everyone. If you and your ex don’t get along and this system would lead to frequent arguments, it may be in your child’s best interest to leave it out of the custody document.
Additionally, if you and your ex don’t live close to each other, needing to ask each other to watch your child before asking anyone else can be inconvenient. If your ex asks you to watch your child for a few hours and you live an hour away, you might feel obligated to accept, even though a babysitter may be a better option.
Family and Divorce Attorneys Serving Michigan
Are you going through a divorce or custody battle in Michigan? Contact the Smith Law Offices, P.C., for a free consultation with one of our experienced family law and divorce attorneys. We’ll assist you in coming up with terms to include in your custody agreement that make sense for both you and your child.
