All parents who serve in the military or work rotating shifts (like first responders) have one thing in common. If you are one of the many Tennessee parents under these circumstances, your schedule changes without prior notice. This reality can create challenges for co-parents like you who need to arrange childcare custody arrangements.
One of the most significant responsibilities of parents with non-traditional schedules is a certain custody provision. The Right of First Refusal (ROFR) can help reduce conflict and preserve parenting time and rights.
What is an ROFR?
ROFR is a custody provision that requires you to seek specific arrangements under specific circumstances. If you cannot care for your child during your scheduled parenting time, you must contact your co-parent before arranging third-party childcare.
This may pose unique challenges for you when your job does not follow a regular 9-5 shift. However, with a well-drafted plan, it may offer more stability for military families and those with irregular schedules. For example, when you are away, a child staying with your co-parent may be safer than leaving them with caregivers.
Is ROFR required in Tennessee?
While Tennessee law does not explicitly mandate an ROFR in your parenting plan, it heavily favors them under a core principle. Tenn. Code Ann. § 36-6-106(a) requires courts to allow you and your co-parent maximum participation possible in your child’s life. Judges may use the Right of First Refusal to fulfill this requirement, according to your child’s best interests.
Once your parenting plan contains an ROFR, it holds the power of law. If you violate the provision and hire non-exempt caretakers without offering to your co-parent first, you may face legal consequences.
How to draft an effective ROFR
The most successful ROFR arrangements work for your lifestyle, not against it. You can negotiate certain factors in the arrangement such as exceptions and when ROFR “triggers.” Hashing out responsibilities and ensuring the provision benefits both parents can make caring easier.
If your current order is no longer functional due to busy schedules, you may want to consult with a legal professional. You can more effectively discuss a parenting plan modification that serves your family’s needs.
