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Right of First Refusal Clause Example: Sample Language Parents Can Compare
If your custody order mentions the right of first refusal, the real issue is not the label. It is whether the clause is specific enough to work in real life.
6 min read
Some right of first refusal clauses are so vague they create more conflict than they solve. Others clearly define when the rule is triggered, how notice works, how long the other parent has to respond, and what happens if there is no answer.
Short example: basic right of first refusal clause
Sample clause If either parent will be unavailable to personally care for the child for more than four (4) consecutive hours during that parent’s scheduled parenting time, that parent shall first offer the other parent the opportunity to care for the child before using a third-party caregiver.
This is better than nothing, but it still leaves open questions: how is the offer made, how quickly must the other parent answer, and does the clause apply to routine work hours?
Stronger example: more practical clause language
Sample clause If either parent will be unavailable to personally care for the child for more than four (4) consecutive hours during scheduled parenting time, that parent shall notify the other parent by text or email and offer the other parent the opportunity to care for the child during that period. The notice shall include the start time, end time, and location of exchange if needed. The receiving parent shall respond within two (2) hours. If no response is received within that time, the offering parent may use a third-party caregiver. This provision shall not apply to the parent’s routine work schedule unless otherwise agreed in writing.
What to compare in your own agreement
- The minimum time threshold: 2 hours, 4 hours, 6 hours, overnight, or something else
- Whether routine work is excluded
- Whether grandparents or family members count as third-party caregivers
- How notice must be given and how long the other parent has to respond
- Whether transportation or exchange logistics are spelled out
Strong opinion: a vague ROFR clause is often worse than no ROFR clause, because both parents think the clause obviously favors their interpretation.
When to use the upload app instead of guessing
Sample language is useful for comparison, but it does not tell you what your order says. If your agreement already exists, the fastest move is to upload it and pull the exact clause rather than arguing from memory.
Want the exact ROFR language from your order?
Upload your agreement and ask: “What does my right of first refusal clause say?” or “Does my order require me to offer time before using a babysitter?”
Check My Agreement — Free