Right of first refusal gives one parent the opportunity to provide childcare for the child before the other parent uses a third-party childcare provider during their own parenting time. When triggered the parent who needs childcare must offer the other parent the option to care for the child first. This is almost never used anymore. It sets up the parties for litigation and arguments. Often it is better for each parent to take care of the child and other caretaking issues when they are with that parent.

Right of first refusal provisions must specify the threshold how many hours of childcare triggers the obligation, whether overnight absences trigger it, what advance notice is required, how the offer must be made and accepted, and what happens if the offering parent does not receive a timely response.

Right of first refusal provisions work better in cooperative co-parenting situations. In high-conflict cases they create more opportunities for conflict than they prevent. Assess whether the provision actually serves the child before including it.