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.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law. Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a Salt Lake City and Park City Utah based firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (385) 770-7451
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.