What Is A Right Of First Refusal In Family Law?

What is a Right of First Refusal in Minnesota Family Law?

First-time participants in the Minnesota family court process usually encounter an entirely new vocabulary consisting of legal jargon or terms specific to child custody and parenting time. One such term is “right of first refusal,” or “ROFR.” This term is often included in custody and parenting time orders or agreements, and you may hear your family lawyer use this term in conversation or negotiation with the other side. However, what is a right of first refusal?

The term “right of first refusal” in Minnesota family law refers to a parent’s obligation to allow the other parent to exercise parenting time, or care for the child, if the child would otherwise be in childcare of be attended by someone who is not the parent. While this may seem complex at first, it is actually quite simple. If Parent A is scheduled to have time with the child, but has to work or is otherwise unable to be with the child, Parent B must be able to spend time with the child instead. Minnesota law favors maximizing a child’s time with both parents, whenever possible, and this is one tool to make that happen.

Often a right of first refusal will be for a limited amount of time. For instance, if a parent will spend 8 hours away from the child (while working, for instance), the other parent would have the right to spend time with the child instead. Sometimes this right of first refusal is shorter, while in other cases it can be for longer periods of time.

Usually, if a parent finds out that this right of first refusal may apply, they have an obligation to notify the other parent. For instance, if their work schedule changes and they know that they will be unable to take care of the child during a specific day, that parent should contact the other parent and let them know that they may exercise their right of first refusal.

If you are involved in a Minnesota child custody and parenting time case, or have questions about what a right of first refusal may mean for your family, call the family law and child custody attorneys at RAM Law PLLC to set up a free consultation.