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What is a right of first refusal clause?

The most difficult aspect of your divorce in Nashville may likely be not having your kids around you all the time. Placing distance between you and your children no doubt makes parenting more difficult. Yet you can still be a successful parent if you are able to make the most of your parenting time. That includes taking advantage of every minute that is available for you to spend time with your kids. Doing that may be much easier if your custody agreement includes a right of first refusal clause. 

It is inevitable that there will be instances when your ex-spouse is called away or makes plans while the kids are in their custody. According to the website OurFamilyWizard.com, including a right to first refusal clause on your divorce settlement places the requirement on your ex-spouse that in cases where they must leave the kids, they have to contact you first before arranging for another to come watch the kids. This can include instances where your ex-spouse: 

  • Goes to work
  • Travels out of town
  • Goes on a date
  • Spends a night out with friends

A right of first refusal clause allows you additional parenting time with your kids on top of what you are already allotted in your custody agreement. Your ex-spouse cannot count that time against you.

One thing to remember about these clauses, however, is that the court will typically only enforce them if they are practical. If you insist that the kids be given to you any time your ex-spouse leaves the house for more than four hours, or you require that your ex-spouse travel a long distance to get the kids to you, the court may deem your terms to be impractical and will not honor them. 

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