Florida Statutes create the guidelines for establishing parenting plans within the best interests of the child/ren. However, there are some frequent provisions that can be put in place that arent always spelled out within the statute. An example of that type of provision is the right of first refusal.
The right of first refusal is what I like to refer to as “the babysitter clause.” It allows for either parent to have the first option to watch the children if the other parent becomes unavailable during their time-sharing, as opposed to a third party care-giver. These clauses can be specified to fit a family’s specific circumstances, with specific time-frames attached, such as “anything exceeding four hours,” or overnights only, allowing for babysitters or other care-givers to be utilized for shorter time-spans. Often this clause is able to give parents peace of mind regarding their children’s care and time spent with family first.
While the Court is able to consider other factors in evaluating a request for this provision, it is important to have educated and well‑versed counsel to guide you. The Rice Law Firm has handled many parenting plan issues since 1986. Contact us today at our Daytona Beach location at 386‑310‑2914.
