Creating a parenting plan is one of the most important aspects of ensuring a child’s well-being. One important provision often included in Illinois parenting plans is the “right of first refusal.” A right of first refusal clause gives one parent the opportunity to care for the child when the other parent cannot during their scheduled parenting time. A right of first refusal clause makes sure that both parents maximize their time with their child, prioritizing the child’s relationship with both parents over third-party care arrangements.
In Illinois, parenting plans are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/600 et seq.), which emphasizes the best interests of the child in legal matters involving children. Including a “right of first refusal” clause supports this principle by encouraging greater parental involvement whenever possible. To be effective, this clause must be drafted with clear and precise language to prevent misunderstandings or conflicts down the line.
The right of first refusal means that if a parent cannot be with the child during their scheduled parenting time, they must offer the other parent the opportunity to care for the child before seeking a third-party caregiver, such as a babysitter or daycare. For example, if one parent has to work late or travel, they must notify the other parent and give them the option to take over parenting duties during that time.
This provision is not automatically included in every parenting plan. It must be requested and agreed upon by the parties or ordered by the court. Illinois courts often encourage this clause, as it fosters parental involvement and minimizes reliance on third parties.
To make sure that the right of first refusal clause is practical and enforceable, it should include specific details, such as:
While the right of first refusal is advantageous, these provisions can also lead to disagreements if details are not clearly defined. For example, disputes may arise if one parent frequently declines the opportunity or if logistical issues make it difficult to coordinate care. Illinois courts consider the practicality and feasibility of the clause when approving parenting plans.
Under 750 ILCS 5/602.7, Illinois courts prioritize the child’s best interests when resolving disputes about parenting plans. This includes evaluating factors such as the child’s relationship with both parents, the parent’s ability to cooperate, and the impact on the child’s routine.
Drafting a right of first refusal clause is an important part of creating a comprehensive parenting plan that prioritizes your child’s well-being. At Gordon & Perlut, LLC, we are committed to helping parents in Illinois create parenting plans that work for their families. Our attorneys will ensure your parenting plan is clear, enforceable, and aligned with Illinois law.
Contact our Chicago parenting plan lawyers at Gordon & Perlut, LLC to schedule a free phone consultation when you call our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We proudly represent clients throughout Illinois and are here to help you protect your parental rights and your child’s best interests.