Navigating Co-Parenting: Understanding First Right of Refusal in Colorado


Co-parenting after a divorce can be a complex and challenging journey, filled with various legal considerations and emotional nuances. In Colorado, as in many other states, divorced parents may encounter the concept of the "First Right of Refusal," a provision that influences how parents share time with their children. In this blog post, we'll delve into the specifics of the First Right of Refusal in Colorado, exploring what it means, how it works, and its implications for divorced parents.

The First Right of Refusal is a provision that is sometimes included in custody agreements and court orders in Colorado. This concept grants a parent the right to care for their child during the other parent's scheduled parenting time when the other parent is unable to do so. Essentially, if a parent is unable to fulfill their designated parenting time – whether due to work commitments, personal obligations, or any other reason – the other parent is given the first opportunity to care for the child.

Key Elements of First Right of Refusal:

1. **Notification:**

- Parents are typically required to notify each other when they are unable to exercise their parenting time.

- Communication is crucial, and both parents should make a good faith effort to inform the other as soon as they become aware of the need for alternate care.

2. **Timeframe:**

- The specific timeframe during which the other parent has the right of first refusal can vary and should be clearly outlined in the parenting plan or court orders.

- This timeframe might range from a few hours to overnight, depending on the circumstances and the needs of the child.

3. **Mutual Agreement:**

- In some cases, parents may negotiate and agree on modifications to the first right of refusal provisions.

- Flexibility and cooperation between parents can contribute to a more amicable co-parenting relationship.

The First Right of Refusal in Colorado can be a valuable tool for some divorced parents striving to create a stable and supportive environment for their children. The attorneys at Knies, Helland, and McPherson Law are experienced attorneys to assist you with determine whether a First Right of Refusal is appropriate for your family and can developed detailed parenting plans about it.

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