“Right
of First Refusal” to take effect January 1, 2014.
Be mindful that changes are around the corner in Illinois
with regard to parenting time in court orders. On May 22, 2013, the Illinois
legislature unanimously passed the “Right of First Refusal” which amends the
Illinois Marriage and Dissolution of Marriage Act.
Taking effect January 1, 2014, the “Right of First Refusal”
provides that if the court finds it is in the best interest of the child and
awards joint custody or visitation rights, the court shall find that both
parties have the right of first refusal to care for the minor children if the
absence of either party is necessary during the party's normal parenting time. This
gives both parents the opportunity for increased parenting time with the
children.
The biggest impact the “Right of First Refusal” will have is
on parents that do not have the children primarily residing at their residence
or parents that have weekend visitation.
Since the use of baby-sitters, family members, or subsequent spouses is
secondary to the right of first refusal, parents with weekend only visitation
will now have increased opportunities to spend parenting time with their
children. The amendment provides that whenever a parent intends to leave the
children for a period of 4 hours or longer, that parent shall first offer the
other parent an opportunity for additional time with the children before making
other arrangements for the temporary care of the children. The court will take
into consideration various factors such as transportation, distance, and time
constraints which could make offering the additional parenting time
impracticable in certain situations.
Also important to note, parties may agree to add a right of
first refusal provision to their Joint Parenting Agreement, but if they do not
and the court determines that a right of first refusal is in the best interest
of the children, the court will consider and make provisions in its order for
specified considerations relating to the right of first refusal. The changes to
the Illinois Marriage and Dissolution of Marriage Act regarding the “Right of
First Refusal” are only applicable to divorces where both parties are awarded
joint custody. The “Right of First Refusal” does not apply to parties that have
had their visitation rights terminated.
For questions on how the “Right of First Refusal” can impact
you, feel free to contact our Des Plaines law office at (847) 813-6011.
