Everyone can agree that a child benefits from having a positive relationship with both parents so long as there are no legitimate safety issues. Divorce and parental separation can add significant complexity to situations that initially appear simple. Disputes and heated emotions between parents can severely impact the quality of time each parent spends with their child. Read more and get help from a divorce lawyer in Birmingham, AL.
Allocating parental time in shared parenting settings is not always easy, but the right of first refusal can help.
When would you use the right to refusal?
The right of first refusal is mostly used when you decide whether to hire a babysitter or a relative. You ask the other parent if they can take care of the child before employing anyone from the outside.
When is refusal applicable?
The first refusal right typically applies to planned and impromptu transactions. Additionally, conditions such as after-school care, doctor’s visits, and vacations may be subject to the right of first refusal.
When is it inappropriate?
No right of first refusal applies when the custodial parent has no plans (such as a doctor’s appointment or an upcoming vacation) and would prefer that the child spend time with other relatives.
Discussion about Pros and Cons
The “right of first refusal” encourages parents to collaborate so that their children can spend ample quality time with both parents. It facilitates communication between parents and encourages them to be flexible with their schedules.
Although a right of first refusal provision may offer great advantages to parents, it is not devoid of possible downsides. Requesting changes to parenting time-sharing might be difficult for parents who already have communication issues. In addition, parents’ requests may be more or less effective depending on the tone in which they are delivered.
Requests for time-sharing with children may not be adequately addressed by a lengthy email or imprecise text message, especially if such communication is generally unproductive.
Conflict Avoidance Making Use of the Right of First Refusal
Parental right of first refusal allows parents to spend more time with their kids, although misunderstandings can make this difficult. If possible, co-parents should discuss any plans that could affect the typical parenting schedule. If problems can be kept to a minimum, a warning can help. For the right of first refusal to be effective, both appropriate notice and specific information about the sought change in parental time must be provided.
How consulting a lawyer can help you in this situation?
A divorce lawyer is experienced in dealing with child custody. Regarding the right of first refusal, a divorce lawyer can help you understand the pros and cons better. Often, the parent, with the right of first refusal, can have perks, as we have discussed above in detail. However, the other parent might also look for the same opportunity regarding decision-making and other issues.
This is where the invasion of a lawyer can be helpful. A lawyer will also help you understand other legalities included when it comes to child custody.
Therefore, you must speak to a divorce lawyer who has experience in handling similar cases like yours. Make sure you spend some time understanding the lawyer’s background and select the right one for your case. Lastly, ask the right questions to your lawyer to understand their approach towards your case. This will ensure you do not end up with the wrong lawyer.
Also Read: Why Do You Need to Hire a Divorce Lawyer in Oakville?