Divorce & Child Custody: What’s the Right of First Refusal?

When a divorcing couple shares children, even though their romantic relationship is at an end, they will still be connected for years to come as they work together to co-parent their kids. One issue that may arise during that time, especially if they have very young children, is who other than them should be allowed to look after their kids. There are often many options, including babysitters, nannies, relatives, friends, and even new significant others. Depending on the couple’s custody agreement, a noncustodial parent could be added to that list of options.

If one parent has sole or primary custody of the children, that parent is known as the custodial parent. The other parent is referred to as the noncustodial parent. In some cases (usually involving abuse or some other form of marital or parental misconduct), there may be a question about whether the noncustodial parent should be allowed to take care of the children instead of a third party (babysitter, nanny, et cetera).

One way that a noncustodial parent may be able to ensure that they are allowed to look after their kids ahead of a third party is to make sure the right of first refusal is included in their child custody agreement.

What’s the Right of First Refusal?

The right of first refusal is a clause that, in some instances, can be included in a child custody agreement. If the custodial parent cannot look after their children, the right of first refusal clause requires the custodial parent to give the noncustodial parent the option to take care of their kids first before seeking out a third party, such as a babysitter or nanny, to do it.

Divorce Mediation & the Right of First Refusal in Nevada

If you would like to include a right of first refusal clause in your child custody agreement, you should discuss it with your divorce attorney. Whether it’s during a divorce trial or divorce mediation, you may be able to have the right of first refusal included as a part of your child custody arrangement. Divorce mediation is a particularly excellent option for tailoring your child custody agreement to fit your and your former spouse’s needs.

The benefits of divorce mediation include the following:

  • Mediators are completely neutral parties, which ensures a fair outcome for your child custody and divorce agreements.
  • You can avoid courtroom formalities.
  • Mediation is generally a safe place, so you can negotiate your divorce and child custody agreements in an environment free of confrontation and judgment.
  • You and your former spouse can decide your futures as opposed to the court.
  • Mediation encourages communication, which can result in ex-spouses having a positive co-parenting relationship moving forward.
  • Mediation strips down the divorce process, which can save divorcing couples money, time, and energy.

Schedule a Confidential, No-Obligation Consultation with Our Experienced Divorce Mediation & Child Custody Attorneys

If they’re capable, most parents want to be a significant part of their children’s lives. Whether that’s the case, can often come down to if they can be a positive part of their kids’ lives and if the court and their co-parent believe that their presence in their children’s lives is what’s best for the kids. That decision often happens during a divorce trial or divorce mediation.

At Leavitt Law Firm, our divorce attorneys have over three decades of experience helping parents do what’s best for their children. We have successfully assisted divorcing parents as they negotiate mutually beneficial child custody agreements during divorce mediation, and we have helped parents fight for custody of their kids during divorce trials. We know how to get the job done no matter what side of a custody arrangement a person is on.

For more information about Leavitt Law Firm, and how our experienced child custody lawyers can help you, read our clients’ testimonials.

To discuss your situation with our experienced divorce attorneys, give us a call at (702) 996-6052 or contact us online today for a confidential, no-obligation case evaluation.

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