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IL family lawyerDivorced and unmarried parents in Illinois are required to submit a parenting plan, or parenting agreement, to the court. The plan describes how the parents will allocate parental responsibilities and share parenting time. A shared parenting arrangement can leave one parent with significantly less parenting time than he or she would prefer. If you are looking for ways to increase your parenting time, one way to do so may be through the “right of first refusal.”

Understanding Your Right to Enjoy Additional Parenting Time

The right of first refusal refers to a parent’s right to gain additional parenting time when the parent who is assigned parenting time cannot fulfill this commitment. Consider the following example: A father is assigned parenting time, formerly called visitation, every other weekend. He misses his children and wishes he could spend more time with them. On one of the weekends that the children’s mother is assigned parenting time, she must leave town for a work obligation. Because the parents included directions about the right of first refusal in their parenting plan, the mother is required to notify the father about her work trip and give him the opportunity to care for the children during her absence. If the father cannot take on the additional parenting time, then the mother is permitted to find a third-party such as a babysitter or grandparent to care for the children.

Deciding How The Right of First Refusal Will Apply

Parents will need to decide how the right of first refusal will apply to their particular situation and include this information in their parenting plan. Parents should consider:

  • How long a parent’s absence must be in order for the right of first refusal to apply
  • How much advance notice the parent who is originally assigned parenting time should give the other parent if he or she will be absent
  • The amount of time that the other parent has to accept or refuse the additional parenting time
  • Transportation arrangements for the children

It is not always easy for parents to reach an agreement about the right of first refusal or the other terms of their parenting plan. Many parents find that mediation and guidance from an experienced child custody attorney are extremely helpful during the creation of a parenting plan.

Contact a St. Charles Child Custody Lawyer

Illinois parents who are planning to divorce will need to create a parenting plan that describes each parent’s child-related rights and responsibilities. If parents cannot reach an agreement about these issues, the court may need to intervene. For help negotiating the terms of your parenting plan and zealous representation during court proceedings, contact Shaw Family Law, P.C. Schedule a free, confidential consultation with a Kane County family law attorney from our firm by calling us at 630-584-5550 today.

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Illinois child custody laws, Illinios family law attorneyWhen you lose an allocation of parental responsibilities case, it can feel like you will only rarely see your child. However, there are many things you can do to increase your time with your child. It often starts with maintaining a positive relationship with the other parent. Even if the court has decided it is not in the child’s best interest for you to be the primary caretaker, that does not mean you do not have a vital role to play in your child’s life.

Right of First Refusal

Under Illinois law, when the child lives primarily with one parent, the other parent can ask the court for the “right of first refusal” when childcare is needed. This means that before the child is put in daycare, the other parent should be given the chance to be with their child instead.

This situation can benefit everyone involved. You and the child get to spend more time together, and the other parent saves on childcare costs. This arrangement works best when the two parents have an amicable relationship and both parents are willing to be flexible and put the needs of their child first.

Sharing Carpool and Taxi Duties

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