Right of first refusal Texas child custody

Navigating the complexities of child custody can be a daunting task for parents. One term that often arises in custody discussions is the “right of first refusal.” But what does it mean, and how does it impact Texas families? Let’s delve into the intricacies of this provision and its significance in Texas custody agreements.

What is the Right of First Refusal?

At its core, the right of first refusal is a provision in a child custody agreement that gives one parent the first opportunity to care for their child if the other parent is unable to do so for a specified period. For instance, if Parent A has plans to travel for work or has another commitment and cannot care for the child during their designated custody time, Parent B would be given the first chance to care for the child before any other arrangements (like hiring a babysitter) are made.

Benefits of the Right of First Refusal

  1. Child’s Best Interest: This provision ensures that the child spends maximum time with their parents, which is often in their best interest.
  2. Fosters Parental Involvement: It encourages both parents to remain actively involved in their child’s life.
  3. Reduces Potential Conflicts: By setting clear guidelines, it can reduce misunderstandings and potential conflicts between parents.

Challenges and Considerations

While the right of first refusal can offer numerous benefits, it’s essential to approach it with a clear understanding and open communication. Some challenges include:

  • Logistical Issues: Depending on parents’ proximity, it might not always be feasible for one parent to step in on short notice.
  • Potential for Misuse: Without clear guidelines, this provision can be misused to monitor or control the other parent’s time.
  • Communication Barriers: Effective implementation requires open communication, which might be challenging for some co-parents.

Texas and the Right of First Refusal

In Texas, the right of first refusal is not automatically included in custody agreements. Parents can choose to incorporate it if they believe it’s in their child’s best interest. If both parents agree, the court will typically honor this decision. However, if there’s a disagreement, the court will decide based on the child’s best interest.

Tips for Implementing the Right of First Refusal

  1. Define Specifics: Clearly outline the circumstances under which the right will be invoked. For example, specify the duration (e.g., any absence longer than 4 hours) that triggers this right.
  2. Communication is Key: Set up a straightforward communication method to inform the other parent of potential absences.
  3. Have a Backup Plan: In case the other parent cannot exercise their right, have a backup care plan in place.


The right of first refusal can be a valuable tool in custody agreements, ensuring that children spend as much quality time with their parents as possible. However, like all legal matters, it’s crucial to approach it with thorough knowledge and understanding. At The Blacknall Firm, we’re committed to guiding Texas families through the intricacies of family law, ensuring that every child’s best interest is at the forefront.

To retain an experienced Texas divorce lawyer for your divorce or child custody case in DallasDentonCollin or Rockwall County, please schedule a consultation with us today.