301 865-1101

A growing and almost universally adopted practice among judges and Frederick County custody lawyers is the “right of first refusal.”

The right of first refusal in custody cases is predicated upon the tendency of judges to prefer parent care for a child or children over all other types of custody or care.

For example people who have custody, use babysitters, daycare, grandparents, friends and other relatives to care for children while they are at work or otherwise unable to personally care for the child(ren) in their custody.

While the courts acknowledge these alternative care options, don’t be surprised if the custody court orders a “right of first refusal.”

I know the wheels are turning in people’s heads, like:

  1. My ex works, but I don’t work.   Does that mean I will have my child(ren) all day and my child(ren) won’t go to daycare?
  2. My ex is (married or remarried) does that mean his/her spouse will not be permitted to care for the child(ren) if he’s/she’s not there?

As I have indicated in previous articles, law school students are frustrated because is seems they cannot get a straight answer as custody law professors universally answer “it depends.”

In a “right of first refusal” custody order the court will order : Should (Dad) be unable to care for (child or children) for a period of more than (x) hours, (Dad) shall provide (Mom) with the opportunity to care for the child before leaving the (child or children) in the care of a third party.

Family Law in Frederick Maryland

The Custody Place


CALL US NOW AT 301-865-1101

The Custody Place

322 West Patrick Street #201