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Exploring 'First Right of Refusal' in Oklahoma Custody Cases Tulsa attorney James Wirth explains that a first right of refusal in an Oklahoma custody case is a provision that requires the parent currently having custody to offer the other parent the opportunity to care for the child before placing the child with a third party (like a babysitter or family member) when they become unavailable, though this requirement is typically only triggered if the parent will be unavailable for a set period of