When One Parent Steps Out, Who Steps In? Florida’s Approach to Right of First Refusal
Divorced and separated parents in Florida often build detailed parenting plans that anticipate the ordinary rhythms of shared parenting: school pickups, holiday rotations, summer breaks. But what happens on an ordinary Tuesday evening when a parent with scheduled time-sharing has to work late, travel unexpectedly, or simply wants a night out? Does that parent call a babysitter, or does the other parent get the first opportunity to step in? This question sits at the center of a provision known as the right of first refusal, and how Florida courts treat it is more nuanced than many parents expect.
What the Right of First Refusal Actually Does
A right of first refusal provision, often shortened to ROFR, requires a parent to offer the other parent an opportunity to care for the child before turning to a babysitter, relative, or other third-party caregiver during a period when the first parent is temporarily unavailable. The idea reflects a broader philosophy in Florida family law: children generally benefit from time with their own parents rather than a rotating cast of caregivers, when that option is reasonably available.
The provision can be written narrowly or broadly. Some parenting plans only trigger the right when a parent will be absent overnight. Others apply it to any absence beyond a set number of consecutive hours, commonly somewhere in the four to eight hour range. The specific trigger, along with notice requirements and response deadlines, is negotiated by the parties or determined by the court based on the family’s circumstances.
Is a Right of First Refusal Required in Every Parenting Plan?
No. Florida does not mandate this provision as a matter of law. Time-sharing and parental responsibility in Florida are governed broadly by Section 61.13 of the Florida Statutes, which directs courts to develop parenting plans in the best interests of the child but does not list a right of first refusal among the mandatory components. Instead, courts have discretion to include it when the parties agree to it or when a judge determines, based on the specific family, that the provision serves the child’s welfare.
This means the presence or absence of a ROFR clause often comes down to negotiation between the parents, sometimes with input from a guardian ad litem or parenting coordinator. Courts weigh factors such as the age of the child, the geographic distance between the parents’ homes, each parent’s work schedule, and the parents’ overall ability to communicate and cooperate without escalating conflict.
Why Some Courts Are Cautious About Broad Provisions
While the underlying goal, maximizing a child’s time with parents, is one Florida courts consistently support, judges are also wary of provisions that are so broad they invite disputes. A right of first refusal triggered by any absence, even a short errand, can create constant friction between co-parents and may functionally erode the independence each parent needs to manage their own household. For that reason, courts and family law attorneys often encourage clearly defined thresholds and straightforward notice procedures rather than open-ended language.
Enforcement and Modification
Once a right of first refusal is written into a parenting plan and approved by the court, it becomes enforceable like any other provision. A parent who is denied the opportunity to exercise their right, or who believes the other parent violated the terms, may have grounds to seek enforcement. As circumstances change, such as a child growing older or a parent relocating, either party may petition to modify the arrangement, though Florida law requires a substantial, material, and unanticipated change in circumstances before a court will revisit an existing time-sharing schedule.
Every family’s situation is different, and whether a right of first refusal makes sense, and how it should be structured, depends heavily on the specific dynamics between co-parents. For parents navigating this issue in a Florida parenting plan, working through the practical and legal considerations with the right guidance can make a meaningful difference.
If you are drafting or modifying a parenting plan and want to understand how provisions like the right of first refusal might apply to your family, our Port St. Lucie family law attorneys at Baginski Brandt & Brandt are available to discuss your situation. We work with parents throughout St. Lucie and Martin counties on time-sharing arrangements tailored to their children’s needs, and our Port St. Lucie child time-sharing lawyers can walk you through the options available under Florida law. Reach out to our office to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2025/61.13
