Skip to main content

Why do co-parents put refusal clauses in custody agreements?

By Katie L. Lewis

Parent spending time with a child outdoors

Even though your marriage is ending soon, you recognize the importance of keeping your soon-to-be ex-spouse in your children’s lives. If you plan to negotiate a shared-custody agreement, though, you are probably going to have to defer sometimes to your co-parent’s parenting style and decisions. As you probably know, many co-parents do not see eye-to-eye when it comes to raising kids.

According to Psychology Today, there are four general parenting styles. If your parenting style differs considerably from your co-parent’s, you may worry he or she will leave your kids with an irresponsible, uncaring or reckless babysitter. Putting a refusal clause in your custody agreement can put your mind at ease.

A refusal clause requires both co-parents to consult with each other before making childcare decisions. Specifically, it makes each of you ask the other to babysit before offering others the opportunity to do so.

There are a couple of obvious advantages to inserting a refusal clause into your custody agreement. First, because he or she must ask you to babysit first, you can keep your kids from spending time with someone you do not trust. Second, if you agree to babysit during your non-parenting time, you get to see your children even more.

With a refusal clause, you do not always have to agree to watch the kids, of course. Ultimately, though, if you can negotiate one with your soon-to-be ex-spouse, you may have more confidence going into your shared-custody arrangement.

Featured Insight

Start with our latest in-depth analysis and legal guidance on the topics families face most often.

  • Parent spending time with a child outdoors

    Child Custody

    When should you seek a custody change in Texas?

    By Katie L. Lewis

    Texas courts require a material and substantial change affecting your situation or your child’s life before they will revisit an order. That standard sounds broad, but in practice, it comes down to specific changes in...

    Learn More
  • Parent spending time with a child outdoors

    Child Custody

    Co-parenting during the busy Dallas school season

    By Katie L. Lewis

    As the Texas heat starts to cool, parents everywhere are getting their kids ready for another school year. Backpacks, new clothes and the quiet house during the day become top of mind. But for divorced or separated pa...

    Learn More

Ready to Talk Through Your Options?

Start with a confidential intake call and learn what the next step could look like - no pressure, no commitments.

Contact the Firm

10440 N. Central Expressway, Suite 1100
Dallas, Texas 75231