Scheduling conflicts are a regular part of a parent’s life, especially when co-parenting with a non-partner and scheduling parenting time according to an Arizona parenting plan.
Many parents have asked The Valley Law Group what happens if a scheduling conflict means one parent can’t spend time with their child during their assigned hours?
Typically, such a scheduling conflict means the other parent is granted the Right of First Refusal (ROFR), which gives them the first opportunity to care for the child when the other parent is unavailable during their scheduled parenting time. In some situations, this arrangement is helpful; however, in others, it can be problematic.
Learn more about the Right of First Refusal and how it can impact your parenting time in Arizona.
What Is the Right of First Refusal?
The Right of First Refusal for a parenting plan in Arizona gives one parent priority for caring for their child when the other parent cannot exercise their regular parenting time. A Right of First Refusal clause can be enacted for a variety of reasons, including work, travel, appointments, delays, and life events. Parents typically choose to formalize this arrangement rather than allowing a series of babysitters, third-party childcare providers, or family members to care for the child.
How RoFR Works in Arizona Parenting Plans
As in most states, child custody agreements in Arizona can prove challenging to navigate when both parents have busy schedules. This is especially true if one parent becomes unavailable during their parenting time. Many parents wish to secure their right to care for their child if their child’s other parent cannot do so, but there are a few considerations necessary to ensure this occurs.
Parents Who Desire This Arrangement Must Include a Right of First Refusal Clause
In Arizona, the court makes legal decisions regarding parenting plans and determines parenting time based on the best interest of the child. Therefore, parenting priority does not automatically go to the noncustodial parent; this arrangement must be included in a Right of First Refusal clause in the parenting agreement.
Trigger Threshold
Parents must also determine the length of time one parent must be unavailable before the other parent has priority for caring for the child. This is often referred to as the trigger threshold, which can be two or more hours, overnight, or a few days if the parent must travel for work or family obligations. It is important to clarify the trigger threshold in the parenting plan so that all parties understand their responsibilities.
Communication Rules
In addition to clarifying trigger thresholds, it is also important to establish rules for communication. Parenting plans serve to provide children with safety, structure, and consistency, and when these are disrupted by Right to First Refusal, it can create confusion and uncertainty for the child. Therefore, parents should create certain communication requirements to create a seamless process.
Pros of Including Right of First Refusal
While drafting a Right of First Refusal clause can feel meticulous, there are many benefits to this arrangement.
- More Time With Each Parent – The most obvious pro is that the child or children get to spend more time with each parent, which may help them navigate the divorce.
- Reduction of Reliance on Babysitters – Another benefit is reduced reliance on babysitters. While babysitters and non-parent caregivers can be helpful and sometimes necessary, there are some drawbacks to relying on them. For example, babysitters and third-party childcare providers can be expensive and may be unreliable.
- Stronger Parent-Child Relationships – Right of First Refusal clause can strengthen parent-child relationships if done well. When parents spend more quality time with their children, they tend to strengthen bonds, which can make the co-parenting arrangement more peaceful for all involved.
- Stronger Co-Parent Relationships – Right of First Refusal clauses can also foster trust between co-parents, leading to a more amicable arrangement for the parents.
Cons and Potential Conflicts
Just as there are benefits to this arrangement, there are also drawbacks.
- Potential Communication Issues – Right of First Refusal clauses sometimes create communication issues. Co-parents with this agreement are often forced to communicate more than usual. If the parents had a high-conflict divorce, this could create even more tension, anxiety, and chaos.
- Risk of Control Issues – Another disadvantage is that a Right of First Refusal clause can be used to control or monitor the other parent. For example, if one parent has a history of controlling the other, they may use this arrangement as an opportunity to learn more about the custodial parent’s whereabouts, routines, and location rather than as an opportunity to bond with their child.
- Logistical Challenges – Managing logistics with existing work, school, or life schedules can be difficult. For instance, if one parent unexpectedly needs to care for their child, they may have to rearrange their entire schedule, which may be impossible. Although the task of looking after a child may then fall to someone like a babysitter, some parents are unwilling to give up the opportunity to spend more time with their children, leading to an upheaval of their schedules.
- High-Conflict Disputes – Right of First Refusal clauses tend to be more detrimental for high-conflict parenting situations. If the couple went through a contentious divorce, RoFR may only make matters worse. Parents can grow critical of the other parent’s parenting strategies; they may become impatient if one parent or the other abuses the arrangement, or they may simply get into more conflicts with increased communication.
Is a Right of First Refusal Clause Enforceable in Arizona?
While ROFR is not an official legal statute, it is enforceable in Arizona if it is clearly written in the parenting plan. However, enforcement depends on clarity and documentation. Generally, the clearer the terms of the agreement, the easier it is to enforce them. It is equally important to be sure that the terms are documented and not just based on verbal agreements. If one parent or the other violates the agreement, the court may have to intervene.
According to AZ Statute 15-414, violating a parenting plan may result in being held in contempt of court, being required to make up parenting time, or paying a $100 fine. These are all ways a judge may enforce a parenting plan in Arizona, which also includes a Right of First Refusal clause.
Sample Right of First Refusal Clause (Arizona)
A thorough and effective Right of First Refusal clause contains several elements. An example of one that may be used in Arizona may include the following language:
“If either parent is unable to care for their child for two or more hours during their parenting time, then they must contact the noncustodial parent via email, text message, or a co-parenting application as soon as they know they’ll be unavailable; at this time, they must offer the other parent the opportunity to care for the child. The noncustodial parent then has 48 hours to respond in writing to the request. If they refuse or are unable to care for the child, or if there is no response, the custodial parent must secure suitable alternative care for the child.”
When You Should Include (or Avoid) This Clause
If you are in the midst of drafting or modifying a parenting agreement, it may be difficult to determine whether your family is a good fit for an RoFR clause.
However, there are two general situations in which this clause may be right for you.
- You have a cooperative co-parenting relationship. Generally, the clause is most helpful for cooperative co-parents. Cooperative co-parents have the highest chance of success because they tend to put the child first, be more flexible, value positive communication, and respect each other’s privacy.
- You and your co-parent are flexible. Another scenario in which this clause is helpful is if the parents have flexible schedules. If the parent works from home or has a flexible work schedule with few commitments, then they may be able to accommodate a temporary change in the co-parenting schedule.
Keep in mind that if both parents’ schedules are strict or if you have a high-conflict relationship, especially with a history of control issues, the risks may outweigh the rewards of an RoFR.
When to Meet With a Family Law Attorney
If you and your co-parenting partner are having trouble deciding whether the RaFR clause is ideal for you, then you may want to consult with a family law attorney. Your family law attorney can help draft or modify a solid parenting plan, manage disputes over enforcement, and advise you on how to structure the terms of your RoFR clause if you are unsure.
Parenting plan details matter more than most people realize. Schedule a consultation to make sure your agreement works for your situation.
How The Valley Law Group Can Help
The Valley Law Group boasts skilled, experienced family lawyers with a client-centered approach and a proven track record of delivering results. We can help you determine whether your situation could benefit from a RoFR, then draft a Right of First Refusal clause to improve clarity, cooperation, and trust in your co-parenting relationship. With clear, enforceable AZ parenting plan provisions, your family can ensure what’s best for your child.
Our lawyers can also help prevent future disputes by structuring your clause wisely. Additionally, we can help modify existing agreements, whether your current plan works well or needs adjustment.
Right of First Refusal Arizona FAQs
A solid parenting plan is clear, realistic, and thorough, and adding a Right of First Refusal clause is a great step for ensuring these goals are met. Below are common questions you may have if you are drafting a parenting plan or adding a RoFR clause.
Small Clauses Can Create Big Issues
Do not make the mistake of assuming you and your co-parent will be on the same page if changes arise; be proactive and create a plan for these situations.
Life happens, and typically, it is in the child’s best interest to be under the care of their parent rather than a babysitter, family member, or third-party childcare. However, you’ll need a well-structured legal clause to guarantee it occurs.
Make sure your parenting plan protects your time and your child’s best interests. Contact The Valley Law Group today.
Sources
- Child Welfare League of America. (2024). Arizona state fact sheet 2024 [PDF]. Retrieved April 6, 2026, from https://www.cwla.org/wp-content/uploads/2024/04/Arizona-2024.pdf
- Arizona Revised Statutes § 25-403. (n.d.). Legal decision-making; best interests of child. Retrieved April 6, 2026, from https://www.azleg.gov/ars/25/00403.htm
- Arizona Revised Statutes § 25-414. (n.d.). Violation of visitation or parenting time rights; penalties. Retrieved April 6, 2026, from https://www.azleg.gov/ars/25/00414.htm
- Arizona Revised Statutes § 25-403.02. (n.d.). Parenting plans. Retrieved April 6, 2026, from https://www.azleg.gov/ars/25/00403-02.htm
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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