questions & answers

Question: The issue of Right of First Refusal has come up. Can the Right of First Refusal be customize to fit our needs, or does AZ law always require one parent to notify the other parent when they can not watch the child during their scheduled time, even if it is only for an hour or two. Can the plan be written stating that if the absents is longer than 8 hours than the Right of First Refusal applies, but if the time is less than 8 hours the parent has the right to contact the grandmother to watch our child? The grandmother has been involved in our child's life since birth. Custody is joint. Thanks

Answer: Typically, the doctrine of “right of first refusal” is not used in family law, but in property law instead. If one or both parents wish to modify the child custody agreement, this can be done through the county court website. If both parents cannot come up with a parenting plan together, they must submit one under A.R.S. section 25-403.02 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403-02.htm&Title=25&DocType=ARS). In considering approving a parenting plan, judges look to the best interest of the child. Please visit the Family and Children topic on this website for more information http://www.azlawhelp.org/subtopic.cfm?mc=1).