New Illinois Law: Allows Judges to Order a “Right of First Refusal” for Parents Who Share Joint Custody

Legal Services At

Stange Law Firm

  • Family Law
  • Support
  • Military Divorce
  • Child Custody
  • Divorce | Separation
  • Family Violence
  • Alternative Dispute Resolution
  • Property Division
  • High Net Worth Divorce

New Illinois Law: Allows Judges to Order a “Right of First Refusal” for Parents Who Share Joint Custody

A new law went into effect in Illinois on January 14, 2014 that allows judges to order a “right of first refusal” for parents who share joint custody of their children. The right of first refusal (ROFR) means that any time if one parent cannot care for the children during his or her scheduled time or custody, that parent must first offer the other parent the right to take care of the children during that time.” If a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care for the minor child or children.”

This is important to the non-custodial parent, who may only have alternating weekends and midweek dinners with the children, to be able to care for the child or children when the other parent is unable to provide direct care. This extra parenting time for the non-custodial parent is invaluable and is offered when the custodial parent is away on a trip or attending a seminar.

Prior to this new law, judges had discretion in allowing these rights of first refusal in child custody cases. In some cases, there have been judges who would outright refuse to allow them in parenting agreements for the reason that these clauses in agreements were believe to invite more disputes about whether one parent’s stay away was long enough, or whether the babysitter hired for a two hour movie was in violation of the ROFR. Some judges thought this would just open the door to a feature of a Parenting Agreement that would invite more litigation.

This new law is written not to mandate a ROFR, but to give the judge the ability to order it, if the particular case and mutually respectful parents allows for it. In most cases, judges will allow for the right once a material period of time, such as four hours of non-possession of the children, is involved.

At Stange Law Firm, PC, we try to help those families who are struggling and have been separated. If you are facing a divorce, we can help. Stange Law Firm is solely a family law firm that practices in the areas of Illinois divorce, child custody, child support, paternity, and other domestic relations issues.

If you would like to discuss your case with one of our attorneys, you may call 855-805-0595 to set up your confidential half-hour consultation or you can visit us online.

Source: Kane County Divorce Lawyer: Custody and New Right of First Refusal Law, by Michael Roe, The Family Law and Mediation Practice of Michael F. Roe

book-prenup-1

Prenuptial Agreements Line by Line

Aspatore Books from Thomson Reuters Westlaw
book-military-1

Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw
book-family-1

Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

Protect Yourself By Understanding Your Options and Knowing Your Rights

GET HELP NOW

SLF Icon

MAIN OFFICE LOCATION

Stange Law Firm, PC

120 S. Central Avenue, Suite 450

St. Louis (Clayton), Missouri 63105

Toll Free: 855-805-0595
Fax: 314-963-9191
Group 144

DIVORCE HEADQUATERS APP

Contact Our Team

  • This field is for validation purposes and should be left unchanged.

Family Law Legal Services At Your Fingertips

FEATURED ARTICLES FROM THE STANGE LAW TEAM

When you choose us, you don’t have to sacrifice quality or service. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney.