Utah Right of First Refusal. What is it, why it can be a cluster and things you should know to avoid possible issues.
Right of First Refusal is a term that applies to a portion of Utah code 30-3-33 which basically states that parental care is presumptively better than surrogate care. Which means if the parent with the children needs a babysitter, that parent will first offer the time to the other parent before seeking care from another source.
While this sounds good in theory, the code is very general and doesn’t clearly define parameters. For instance, how long must the parent be gone before this clause is triggered? What if parent is remarried, is step parent entitled to watch the children?
Because of this and the problems that arise, generally we opt to not include the Right of First Refusal in our divorce decrees. However, if parties choose to outline the provision, we make sure it’s realistic and clearly defined with appropriate, well thought out parameters.
For more details, watch full video above.
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