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Understanding the Right of First Refusal in Child Custody Cases

Posted by LEISA WINTZ | Sep 04, 2023 | 0 Comments

A father playing with his daughter

Child custody arrangements can be intricate and detailed, designed to ensure the best interests of the child are upheld. One element that often comes into play is the “Right of First Refusal.” This provision, recognized in Florida family law, can significantly impact child custody arrangements. In this article, we will explore what the Right of First Refusal is, how it works in Florida, its advantages and disadvantages, and when it applies.

What is the Right of First Refusal?

The Right of First Refusal, commonly referred to as ROFR, is a provision that can be included in a child custody agreement. It grants one parent the opportunity to care for their child when the other parent is unable to do so during their designated parenting time. In essence, it offers the other parent the “first right” to look after the child before any alternative childcare arrangements are made.

How Does the ROFR Work in Florida?

In Florida, the Right of First Refusal is not mandated by law, but it can be voluntarily included in a parenting plan or custody agreement. The specifics of the ROFR clause, including the notice period and conditions triggering it, are typically outlined in the custody agreement.

The Process of the Right of First Refusal:

  1. Inclusion in Custody Agreement: The Right of First Refusal clause is typically included in the child custody agreement. Both parents must agree to its terms.
  2. Triggering Conditions: The agreement should specify the conditions under which the ROFR is triggered. For example, it might apply when a parent needs childcare for a certain duration, such as four hours or more.
  3. Notice: The parent invoking the ROFR must notify the other parent within a specified timeframe. This allows the other parent to decide whether they can care for the child during that period.
  4. Response: The other parent can accept or decline the offer. If accepted, they assume care of the child during the specified timeframe.
  5. Alternate Care: If the ROFR is declined or the parent fails to respond within the defined timeframe, the parent invoking the ROFR can make alternative childcare arrangements.

Advantages to the Right of First Refusal:

  1. Maintaining Consistency: It promotes consistency by allowing the child to spend time with the non-custodial parent, fostering a closer parent-child relationship.
  2. Cost Savings: It can reduce childcare expenses as parents are responsible for childcare during their allocated parenting time.

Disadvantages of the Right of First Refusal:

  1. Complexity: It adds complexity to custody agreements, potentially leading to disputes over interpretation and compliance.
  2. Inconvenience: It might be inconvenient for parents to accommodate additional caregiving responsibilities during their non-custodial time.

When Does the Right of First Refusal Apply?

The ROFR applies based on the specific conditions set forth in the custody agreement. Common triggers include the need for childcare during the other parent's parenting time due to work, personal commitments, or other obligations.

Violation of the Right of First Refusal in Custody:

If a parent consistently violates the ROFR clause, it may lead to disputes and legal action. Courts may intervene to enforce the provision and ensure both parents adhere to the custody agreement.

In the intricate world of child custody agreements, the Right of First Refusal provision adds both depth and responsibility. If you're navigating the complexities of child custody arrangements in Florida or need expert guidance on incorporating the ROFR clause effectively, seek the assistance of a knowledgeable family law attorney. At Family Matters, our dedicated team specializes in family law matters, ensuring that your child's best interests remain at the forefront of your custody agreement. Contact us today to schedule a consultation and let us help you protect your child's future with sound legal advice and tailored solutions. Your child deserves nothing less.

About the Author


Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...


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