What is the Right of First Refusal in Divorce in Illinois?

 Posted on April 25, 2024 in Child Custody

In Illinois divorce cases, the court seeks to ensure that the children are affected to the least extent possible. The courts operate with the notion that the more involved both parents are in the child's life post-divorce, the better off the child will be. 

Because of this, an important concept in Illinois child custody law that can significantly impact parents' rights and responsibilities is the Right of First Refusal. To understand this important concept, hire an attorney to get the assistance you need for this matter and other matters related to your divorce. 

At The Stogsdill Law Firm, P.C., the experience our team of skilled attorneys possesses is second to none. With more than a century of combined experience, our attorneys know every aspect and important consideration involved in divorce, which we are then able to share with you to maximize the effectiveness of our legal guidance. 

The Right of First Refusal and Its Importance in Illinois 

The Right of First Refusal is a legal provision that allows a parent to have the first opportunity to care for his or her child before the other parent seeks alternative childcare arrangements. This means that if one parent is unable to care for the child during his or her designated parenting time, he or she must first offer the other parent the chance to care for the child before asking a third party, such as a friend or babysitter.

How Does the Right of First Refusal Work in Illinois? 

In Illinois, the Right of First Refusal can be included in a parenting plan or custody agreement. The agreement will usually outline the specific circumstances under which the provision applies, like when a parent needs childcare for a certain period of time during his scheduled parenting time. If the parent is unable to provide care during these times, the first parent must notify the second parent and offer her the chance to care for the child before the first parent tries to make other arrangements. 

What is the Benefit of the Right of First Refusal? 

The Right of First Refusal can promote cooperation between parents and ensure that both parents have meaningful involvement in the child's life. It can also provide consistency for the child by allowing him or her to spend time with both parents whenever possible. 

Contact a Wheaton, IL Divorce Attorney

Hiring a lawyer for your divorce is not just in your best interest, but in your child's best interests too. To learn more about your legal options, contact the professional DuPage County, IL divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.