Right of refusal custody is defined by The Liz Library as a child custody agreement that gives one parent the right to care for a child in place of a third party such as a babysitter. It means that the secondary caregiver will be the first choice when the primary caregiver is unavailable. This could be either in last minute emergency circumstances or regular occurrences, such as while one parent is working. As it can be confusing with a lot of technical language used and easily misinterpreted, it is a good idea to discuss it with your family attorney first.
Why is Right of Refusal Important?
If you are not the primary caregiver, your time spent with your child is already limited. By taking care of the child when the primary caregiver is unavailable or working, you can increase the amount of time you spend with your child. Both parents are assured that their child is being left in good care and they won’t be left with potentially poor or unqualified child care providers.
What Determines Right of Refusal?
Right of refusal can be affected by the following factors:
- Abuse or domestic violence
- Stalking
- Restraining orders
- Criminal convictions
These usually mean the right to custody will be denied by a judge. If you are unsure, contact a lawyer who specializes in family law such as Fay Law Firm to clear up any questions or issues. Laws can vary by state and change frequently, so it is always advisable to contact a lawyer to determine right of refusal custody before you decide upon your childcare arrangements.
If you want to avoid the complexities of right of refusal, find out what your rights are, or deny custody to an abusive caregiver, contact your family attorney today to clear up any legal issues and ensure your child will always have the best care available.
