Understanding First Right of Refusal in Custody
What is a first right of refusal in an Oklahoma family law case?
I’m Tulsa family law attorney James Wirth, and that’s the question we have today.
How the First Right of Refusal Works
The “first right of refusal” comes up in custody disputes—and sometimes in guardianship cases as well. It means that if the parent who currently has custody of the child becomes unavailable, they must first offer the other parent the opportunity to care for the child before placing the child with a third party.
Here’s how it works. Suppose Mom has primary custody, and Dad has visitation every other weekend. If Dad requests and the court orders a first right of refusal, then anytime Mom is unavailable, she must offer the additional time to Dad first. For example, if she plans to go out of town for the weekend and leave the kids with her parents, she must contact dad and offer him the option to take the kids instead. If Dad accepts, he gets that extra time with the children. If he declines, then Mom can leave the kids with someone else.
Details and Conditions of the Provision
The same principle applies if mom wants to use daycare, a babysitter, or another family member for care. Before handing the kids off to someone else, she must first offer them to dad.
Now, these provisions are usually triggered only if the parent will be unavailable for a set period of time. A quick trip to the gym for 30 minutes usually doesn’t count. Courts and parties typically agree on a threshold—sometimes four hours, sometimes overnight. In some cases, it may be as short as two hours, depending on the court order.
So, the first right of refusal ensures that the other parent always has the option to care for the child before a third party does. But the details—like how much time triggers the requirement—depend on the agreement of the parties and the order of the court.
Seek Personalized Legal Advice
If you’re involved in a custody case and want to know whether a first right of refusal might apply or be helpful in your situation, you’ll want to talk to a Tulsa child custody attorney privately and confidentially to get advice tailored to your facts. To schedule an appointment with my office, visit MakeLawEasy.com.
Start with a Strategy Session
For a low-cost initial strategy session, call us at 918-879-1681. Discover how a first right of refusal might impact your custody case and explore the best options for your family. We’re here to help you navigate your legal journey with confidence. Don’t wait—reach out today!
