Sharing parenting time is not ideal, but is a necessary part of allowing a child to maintain a significant relationship with both parents after a divorce. Parenting time encompasses a designated period in which a parent is allocated childrearing duties and the authority to make daily decisions for the child’s care. This division of parental responsibilities is typically shared between divorced parents, and the purpose is to foster a continuing connection between the child and each parent because this support is important to the child’s development and well-being.
The expectation is that each parent will be the person who cares for the child during his or her allotted time. Of course, things come up and it is understandable that changes to schedules are necessary, including the use of a babysitter. However, if using third-party childcare during scheduled parenting time becomes a pattern, or is expected to last for an extended period of time, the other parent may be able to exercise a right of first refusal and keep the child instead.
What is the Right of First Refusal?
As noted above, parenting time allows each parent an opportunity to have a relationship with their child, and this requires being the person actually caring for the child on a regular basis. If a substitute caregiver is doing this work, the intent of this arrangement is gone. The right of first refusal gives a parent the ability to opt to keep the child if the other parent will need a third-party caregiver for a significant period of time. This right is not automatic, and a court may award it to one or both parents if it is in the best interests of the child, or the parents may agree to include it in the parenting plan. If it is ordered by the court, a judge will create a structure that addresses the following factors:
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