Divorce is hard. There's no way to make this emotionally challenging time a walk in the park, but there is one way to make it simpler: hire a good attorney. A divorce attorney can act as your go-between during the proceedings, which minimizes the contact you need to have with your ex-spouse. Overall, this can lead to fewer arguments and a settlement that is more fair for all parties involved. If you're on the brink of divorce, we think reading a little more about divorce attorneys on this blog will be helpful. That way, you are prepared for what is to come.
Going through a divorce can be one of the most challenging and emotionally draining experiences anyone ca
Divorce and custody battles are often one of the most stressful and emotional experiences a family can go
Divorce can be a difficult and emotionally draining process. Couples who are going through a divorce ofte
Child custody cases are emotionally charged as they involve questions about the safety, well-being, and u
Divorce is a challenging and emotional process, often accompanied by disagreements and disputes over vari
Getting divorced when you have children can be scary and devastating for parents and children. It is a major lifestyle change. You will likely go from seeing your children on a daily basis to having to divide time. Having a good divorce attorney and coming up with a detailed custody plan is vital.
Right of First Refusal
There are many aspects of a child custody plan and many things to consider. Your attorney will have templates to help guide you in creating the plan that will work best for your specific and unique situation. One thing to consider including is a "Right of First Refusal" clause.
This clause states that if a parent is going to be away from the child for a given amount of time, they must offer the other parent that time before leaving the child with a third party. The amount of time can vary, depending on your preferences and your situation. Some people choose a short amount of time, like 1-2 hours, while others choose longer amounts of time, like 12-24 hours. Some choose not to include this clause at all.
With a ROFR clause, the other party is not obligated to take the parenting time that is offered. In this case, the person offering the time will be able to use other childcare instead.
Pros of ROFR
There are benefits of including this clause for all parties involved. It can give parents more time with their children, which benefits the kids also. It also may give peace of mind because you know who has your children when you can't be with them. It has the potential to occasionally eliminate the cost of child care. Since parents need to communicate to enforce this clause, there is also the possibility of promoting positive communication in the co-parenting relationship.
Cons of ROFR
Since there is a lot of communication required when a Right of First Refusal clause is included, it can be stressful and cause tension in high conflict relationships. When the amount of time is very short, it can also seem controlling and can give the other parent information and insight into your life that they don't necessarily need. It is also important to know that this clause goes both ways. If you expect the other parent to offer time to you, you must in turn also offer the time to them when you will be gone for the determined amount of time.
If you choose to include this clause and someone violates it, you will need to file for contempt of court in order for any action to be done. You will have to have proof, and very often the other parent just gets a warning. It can be costly to go to court for this.
Your attorney will help guide you in determining whether or not to include this clause in your parenting plan based on your situation. To learn more, contact a family divorce attorney.
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