What Does "First Refusal for Childcare" Mean in an Illinois Parenting Plan?

 Posted on October 09, 2026 in Family Law

If you are getting divorced and share children with your spouse, you will be expected to enter a parenting plan with the court. This document describes how you and the other parent will raise your child after divorce, including when each parent will provide care.

One provision that often raises questions is the right of first refusal. It gives a parent the opportunity to care for the child before the other parent uses a substitute caregiver in situations covered by the order. If you are creating a parenting plan in 2026, a Geneva, IL child custody attorney can help you decide how this provision works for your family.

How Does the Right of First Refusal Work in Illinois?

The right of first refusal requires a parent to offer the other parent a chance to personally care for their child before arranging substitute care for a significant period. The parenting order determines which absences trigger that requirement. However, the law makes an exception for emergencies.

For example, suppose a mother is scheduled to have her child on Friday night but must work late. If the absence meets the order’s requirements, she must offer the father that time before arranging a babysitter. If he declines, she is free to arrange other suitable care.

This provision gives parents an opportunity to spend extra time with their children. It does not mean the other parent must accept every offer or that the regular parenting schedule permanently changes.

Is the Right of First Refusal Required in Every Illinois Parenting Plan?

The right of first refusal is not automatic. Under 750 ILCS 5/602.3, parents may agree to include it, or the court may award it to one or both parents based on the child’s best interests.

If you and the other parent disagree, the judge decides whether the provision would benefit your child. Your work schedules and the distance between your homes help explain whether extra exchanges would be practical. The terms should reflect the child’s needs rather than give either parent control over the other’s schedule.

How Long Must an Illinois Parent Be Away Before Offering Childcare to the Other Parent?

Illinois law does not set one number of hours for every family. Your agreement or court order should define the length and type of absence that triggers the offer.

For example, a plan could require an offer when a parent needs substitute care for four or more hours. Another could apply only to overnight absences. These are possible terms, not statewide requirements.

Does the Right of First Refusal Apply When Grandparents Watch the Child?

Care provided by a grandparent could trigger the right of first refusal if it meets the order’s terms. Do not assume that using a relative instead of a paid babysitter removes the obligation to offer the other parent time.

The plan should explain how it treats care by relatives and other household members. It should also address regular daycare or after-school programs so parents understand whether those arrangements require an offer.

A child visiting grandparents while the scheduled parent remains responsible for their care is different from leaving the child with them during a covered absence. Clear wording helps avoid disputes about ordinary family visits.

What Should an Illinois Parenting Plan Say About First Refusal for Childcare?

The plan should explain when an offer is required and how both parents will carry it out. Along with defining the absences covered, include:

• How the parent needing childcare will notify the other parent
• What information the offer must include, such as dates and pickup times
• How long the other parent has to respond
• Who handles transportation
• What happens if the other parent declines or does not respond

For example, requiring offers through a parenting app creates a written record. A response deadline also gives the parent needing care time to arrange a sitter. Parents should choose terms that both will be able to follow.

What if a Parent Does Not Follow the Right of First Refusal in Illinois?

If a parent ignores an enforceable first-refusal provision, the other parent may ask the court to enforce it. State law allows enforcement through the parenting-time enforcement process.

Keep the order and records of the incidents, including messages showing when substitute care was arranged without an offer. Your attorney will review whether the absence actually triggered the provision and what relief to request.

Do not respond by withholding the other parent’s scheduled time. If unclear wording is causing repeated disputes, ask about seeking clarification or a change to the order.

Contact a Geneva, IL Child Custody Lawyer

A clear first-refusal provision helps parents arrange childcare without creating new conflicts. At Serrano Hanson & Hurtado, LLC, our attorneys will help you negotiate parenting-plan terms and address problems with an existing order.

For a free consultation, contact our Kane County, IL family law attorneys or call 630-844-8781.

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