A right of first refusal clause gives the other parent a chance to care for the child before a parent uses a sitter or another third party. In Kentucky custody cases, parents sometimes add this provision to a parenting plan to increase each parent’s time with the child and reduce conflict over childcare.
What does this clause actually do?
This provision applies when a parent cannot be with the child during scheduled parenting time. Instead of asking a babysitter, relative or friend first, that parent must offer the other parent the chance to step in.
The clause works best when it states exactly when the offer must happen. Kentucky courts decide custody issues based on the child’s best interests, so the details should support the child’s routine and stability. Kentucky’s child custody laws give general background on that standard.
Clear trigger terms can prevent later disputes
A vague clause often creates more problems than it solves. Parents should define how many hours of absence trigger the rule, how much notice each parent must give and how the parents must communicate.
Parents should also address practical details such as:
- Whether the rule applies only to overnight absences
- How quickly the other parent must respond
- Whether school or activity schedules change the process
- How transportation will work
These terms matter because a poorly defined clause can lead to repeated arguments about timing, notice and missed opportunities.
The clause should fit the family’s routine
This provision does not work well in every case. If parents live far apart or struggle to communicate, frequent exchanges may create more stress than benefit. The goal is not to add more handoffs. It is to create a plan that helps the child spend more time with a parent when that arrangement makes sense.
The same drafting issues often matter in broader custody and visitation matters. A Kentucky family law attorney can help you decide whether this clause fits your schedule and how to write it clearly enough to avoid future disputes.
