In the business world, the right of first refusal is a contractual right that gives its holder the option to enter into a business transaction with the owner of something, before the owner is entitled to enter into that transaction with a third party. This concept is also commonly found in child custody agreements between parents when negotiating the terms of a shared timeshare agreement involving the minor children. The more hotly contested the custody matter, the more likely the parties will conflict over the right of first refusal language.
Absent any threat to a child’s health, safety or welfare, California public policy favors custody arrangements that provide children with “frequent and continuous” contact with both parents. There is a long-standing presumption that joint custody is in the best interests of a minor child. Joint custody means joint physical and joint legal custody. Whereas, joint legal custody denotes both parents’ right to make decisions relating to the health, education and welfare of a child; joint physical custody is defined as each parent having “significant periods” of physical custody.
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