Tennessee Family Law Questions & Answers

In 2011, the Tennessee Legislature passed a law requiring the courts to “order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the [best interest of the child].”  It makes since that if one parent is unable to care for the child during his or her parenting time, the other parent should be given an opportunity to do so before a baby sitter is used.  Such an arrangement will “permit both parents to enjoy the maximum participation possible in the life of the child. . . .” This is called a right of first refusal.  Care should be used when drafting a right of first refusal.  Factors to be considered are things such as a minimum amount of time before the right kicks in, a set period of time for giving notice to the other parent of the option to exercise the right, and a requirement to let the other parent know within a reasonable time whether or not the option will be exercised. The following is an example of an actual right of fir