Hi! I’m Emily Robinson, with the law offices of Emily F. Robinson in Woodland Hills, California.
I want to talk a little bit about the Right of First Refusal in a divorce case. A lot of parents will ask me: Well, if our custody arrangement is X, and then my husband cannot take the kids during his custodial time, do I automatically get the kids. The answer is no. Usually, your husband or your wife has the choice to use whatever babysitter they would like, or family member. You don’t necessarily get a right of first refusal.
However, if both parents want a right of first refusal, that’s definitely something that you can negotiate together and agree upon. If only one parent wants a right of first refusal, they can ask the court for that right. Some judges will grant it, and some won’t. That’s really hard to work out in reality when parents leave far apart from each other, or if the parents are not in good terms.
Sometimes the right of first refusal can work very well, and allows the child to have more time with each parent.
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