When parents go through a divorce or custody case, one of the main concerns is how parenting time will be divided and managed. Texas courts strive to create custody arrangements that serve the best interests of the child, and sometimes that includes a provision known as the Right of First Refusal.
At Haugen Law Firm, we often receive questions about what this right means, when it applies, and how it can affect co-parenting.
What Is the Right of First Refusal?
The Right of First Refusal is a custody provision that requires a parent to offer the other parent the opportunity to care for the child before turning to a babysitter, family member, or childcare provider.
For example:
If one parent has the child but needs to be away for several hours, they must first ask the other parent if they would like to care for the child during that time.
Only if the other parent is unavailable can the parent make alternate childcare arrangements.
Why You May Use This Provision
The idea behind the Right of First Refusal is simple:
Children benefit most from spending time with their parents rather than third parties.
It gives both parents more time with the child, even outside of their regular custody schedule.
It can reduce reliance on childcare providers and encourage more parental involvement.
Is the Right of First Refusal Automatic in Texas?
No. Texas law does not automatically include the Right of First Refusal in custody orders. Instead, it must be:
Agreed upon by the parents during negotiations or mediation, or
Ordered by the court if a judge determines it serves the best interests of the child.
The details can vary. Some orders only apply if a parent is unavailable for a certain number of hours (e.g., overnight or more than four hours). Others apply more broadly.
Potential Benefits and Challenges
Benefits:
- Encourages more time between children and parents
- Builds stronger parent-child relationships
- Creates flexibility for families
Challenges:
- Requires strong communication and cooperation between parents
- Can lead to disputes if parents use it as a tool for conflict rather than collaboration
- Needs clear guidelines to avoid confusion
Why Legal Guidance Matters
If you’re negotiating custody terms, it’s important to carefully consider whether the Right of First Refusal works for your family. The provision can be a powerful way to keep parents involved, but it also requires cooperation and clarity to avoid unnecessary conflict.
An experienced family law attorney can help you:
- Draft clear terms that fit your family’s needs
- Negotiate reasonable timeframes (e.g., what counts as “unavailable”)
- Ensure the order is enforceable and in your child’s best interest
Moving Forward With Confidence
The Right of First Refusal can be a valuable tool in Texas custody cases but it’s not the right fit for every family. At Haugen Law Firm, we help parents in Denton County, Collin County, and across North Texas create parenting plans that protect their rights and put their children first.