Is the Right of First Refusal Required in an Illinois Parenting Plan?

 Posted on January 25, 2026 in Child Custody

When parents split up or divorce, balancing child care responsibilities becomes more complicated. You may worry about not seeing your children as often as you did before or who will care for them when your co-parent is unavailable. In Illinois, one way to address these concerns is something called the "right of first refusal." If you are navigating co-parenting arrangements in 2026, our Joliet child custody lawyers can help you understand the right of first refusal and its results.

What Is the Right of First Refusal in Illinois?

The "right of first refusal" is a rule in parenting plans that basically says that if you can't watch your kids during your scheduled parenting time, you must ask the other parent if they want to take the kids before getting a babysitter or leaving them with someone else.

Do I Have to Have a Right of First Refusal in Illinois?

Illinois law under 750 ILCS 5/602.3 does allow courts to include it if it is in the best interests of the child.

Illinois courts encourage parents to create their own parenting agreements whenever possible. If both parents agree on including the right of first refusal in their parenting plan, they can decide what terms will work best for their family. If the parents cannot agree and the court must make the decision, a judge will look at what is in the child's best interests to decide whether to grant the right of first refusal to one parent, both parents, or neither parent.

Not every family needs a right of first refusal clause. In some cases, a court might decide that it is better for everyone if parents have fewer interactions with each other.

What Should Be Included in an Illinois Right of First Refusal Agreement?

If you are going to have a right of first refusal clause, you should make sure your agreement is as clear as possible to avoid fights later. Your agreement should include:

• How much time must pass before the right of first refusal kicks in. For example, does it apply if you need childcare for four hours, eight hours, overnight, or longer?

• How you will tell the other parent, and how far in advance it needs to be.

• How long the other parent has to respond.

• Who handles transportation.

• Any other details that help your children's best interests, like what happens if the other parent does not respond in time or at all.

The amount of time that triggers the right of first refusal is very important. Some parents might want this to apply for short periods like two or four hours, but this can be impractical. Needing to contact your co-parent every time you run to the store or go to a quick appointment may be too much. Many parents find that setting a minimum time of at least eight to twelve hours works better.

What Are the Benefits of the Right of First Refusal?

The main benefit of the right of first refusal is that it allows children to spend more time with their parents rather than babysitters or other caregivers. Research from groups like the American Psychological Association shows that keeping a strong relationship with both parents is usually in a child's best interests.

For parents, the right of first refusal can provide peace of mind. You know that if your co-parent has something come up during their parenting time, you will have the opportunity to step in and care for your own child. This can be especially meaningful if you feel like you do not get to see your children as much as you would like.

What Are the Challenges of a Right of First Refusal?

Rights of first refusal are not always straightforward. Difficulties can include:

• One parent frequently refusing the chance to take the children.

• One parent using it to check or control the other parent's schedule.

• Using it as a way to demand information about where the other parent is going or what they are doing.

• Parents living too far apart to make driving to each other on short notice practical.

• Enforcing the right of first refusal. If one parent believes the other is not following the agreement, they may need to take the issue back to court or go to mediation.

Working with a family law attorney can help you create a clear agreement that reduces the chance of these kinds of problems.

Call an Orland Park Family Law Attorney Today

Co-parenting is not easy, and decisions about the right of first refusal can feel complicated. Whether you are creating a new parenting plan or need to modify an existing one, having clear terms in place helps protect both your relationship with your children and your legal rights as a parent. If you have questions about the right of first refusal or other parenting plan issues, our team at The Foray Hurst Firm can help. 

We are part of the Black Women Lawyers' Association, Black Bar Association of Will County, Cook County Bar Association and National Bar Association. We will work hard to make sure you get an arrangement that works for you. Contact our Joliet, IL family law attorney at 312-702-1293 today to discuss your situation and learn how we can support you.