In Illinois, divorcing parents who wish to share parental responsibilities and parenting time of their children must draft a document called a Parental Allocation Agreement or parenting plan. This agreement describes the official allocation of parental responsibilities, formerly called custody, and parenting time, formerly called visitation, between the two parents.

Typically, parenting agreements also contain information about how the child will be raised, how major decisions about the child’s life will be made, and provisions regarding any future proposed changes to the shared parenting arrangement. All Illinois parenting agreements must include a provision describing how “the right of first refusal” will apply to the parents. Read on to learn about this important provision as well as how the right of first refusal can affect the way you share parenting time of your child after an Illinois divorce.

Maximizing Each Parent’s Parenting Time

Except for in cases involving child abuse or other special circumstances, Illinois courts encourage parents to spend as much time with their children as possible. Many studies show that children are healthier and happier when both of their parents are actively involved in their life. In order to help parents maximize their parenting time in situations involving divorced or unmarried parents, Illinois parenting agreements include a provision called the right of first refusal. This provision states that when a parent cannot fulfill his or her parenting time obligation, they must contact the other parent to see if the other parent wishes to have the child stay with them.

If you are a divorced parent, you may find it very tough to pursue your own personal interests and hobbies. Between work and providing for your children, it might be nearly impossible to find time to travel, meet with friends, or participate in fun activities. It is important to develop an identity apart from being a parent as doing so is crucial to your psychological and emotional health. One of the biggest challenges that you are likely to face as a divorced parent is finding a sitter to care for your child when you need it. Depending on your situation, however, your parenting plan may require you to call your child’s other parent first.

What is the Right of First Refusal?

According to the Illinois Marriage and Dissolution of Marriage Act, a divorced or unmarried couple’s parenting plan may grant what is known as the “right of first refusal” to one or both parents. The right of first refusal essentially gives a parent “first dibs” on the opportunity to care for the child if the other parent needs alternative childcare during his or her normal parenting time. This may seem rather complicated, but it is actually quite simple in practice.