ILCS » Chapter 750 · Act 5

750 ILCS 5/602.3

Care of minor children; right of first refusal

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(750 ILCS 5/602.3)
    Sec. 602.3. Care of minor children; right of first refusal.
    (a) If the court awards parenting time to both parents under Section 602.7 or 602.8, the court may consider, consistent with the best interests of the child as defined in Section 602.7, whether to award to one or both of the parties the right of first refusal to provide child care for the minor child or children during the other parent's normal parenting time, unless the need for child care is attributable to an emergency.
    (b) As used in this Section, "right of first refusal" means that if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care for the minor child or children. The parties may agree to a right of first refusal that is consistent with the best interests of the minor child or children. If there is no agreement and the court determines that a right of first refusal is in the best interests of the minor child or children, the court shall consider and make provisions in its order for:
        (1) the length and kind of child-care requirements
    
invoking the right of first refusal;
        (2) notification to the other parent and for his or
    
her response;
        (3) transportation requirements; and
        (4) any other action necessary to protect and promote
    
the best interest of the minor child or children.
    (c) The right of first refusal may be enforced under Section 607.5 of this Act.
    (d) The right of first refusal is terminated upon the termination of the allocation of parental responsibilities or parenting time.
(Source: P.A. 98-462, eff. 1-1-14; 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2018–2022 · leading case: Whitehead v. Newcomb-Whitehead
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Whitehead v. Newcomb-Whitehead (2018) illappct “7, whether to award to one or both of the parties the right of first refusal to provide child care for the minor child or children during the other parent's normal parenting time, unless the need for child care is attributable to an emergency.”
In re Parentage of M.M. (2022) illappct · cites it 2× “” 750 ILCS 5/602.3(a) (West 2020). A right of first refusal means that “if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care…”
In re A.L.H. (2020) illappct · cites it 2× “750 ILCS 5/602.3(b) (West 2018). The court may determine if a right of first refusal is in the child’s best interest considering the child’s best interests and “(1) the length and kind of child-care requirements invoking the right of first refusal; (2) notification to the other…”
In re Marriage of Brogdon (2020) illappct · cites it 2× “¶ 21 The Allocation Judgment also includes a right of first refusal as follows: “Pursuant to 750 ILCS 5/602.3 and 750 ILCS 5/602.10(f)(14), the parties agree that if the parent caring for [K.”
— 750 ILCS 5/602.3(a) — 2 cases
Whitehead v. Newcomb-Whitehead (2018) illappct “7, whether to award to one or both of the parties the right of first refusal to provide child care for the minor child or children during the other parent's normal parenting time, unless the need for child care is attributable to an emergency.”
In re Parentage of M.M. (2022) illappct “” 750 ILCS 5/602.3(a) (West 2020). A right of first refusal means that “if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care…”
— 750 ILCS 5/602.3(b) — 1 case
In re A.L.H. (2020) illappct “750 ILCS 5/602.3(b) (West 2018). The court may determine if a right of first refusal is in the child’s best interest considering the child’s best interests and “(1) the length and kind of child-care requirements invoking the right of first refusal; (2) notification to the other…”
— 750 ILCS 5/602.3(b)(1) — 2 cases
In re Parentage of M.M. (2022) illappct “” 750 ILCS 5/602.3(a) (West 2020). A right of first refusal means that “if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care…”
In re A.L.H. (2020) illappct “750 ILCS 5/602.3(b) (West 2018). The court may determine if a right of first refusal is in the child’s best interest considering the child’s best interests and “(1) the length and kind of child-care requirements invoking the right of first refusal; (2) notification to the other…”
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