Right of Refusal

[Lisa Susanne]

What is the name of your state (only U.S. law)? Texas

Texas Standard Possession with Thursdays:

If a parent leaves the state without notification to the managing conservator, does primary custodial parent have the right to keep the children?

The children have communicated to me that they are both staying with two different families this coming Thursday and that their dad is out of state. This doesn't make since. The children should be with me. I am a full time mom and available to my children. Their dad has not communicated with me and is ignoring my text and voice messages.

What are my rights?What is the name of your state (only U.S. law)?

 

[Isis1]

is dad leaving on his custodial time? is that entire time court ordered?

what does your court order say?

 

[stealth2]

And how long is the visitation. When is Dad coming back? Who are the families?

 

[Lisa Susanne]

I had the children for Mother's Day weekend, friday at 6:00 P.M. to Sunday at 6:00 P.M. When the children and I went to our drop off location he did not show. The children then told me they thought he went out of state. He did not answer any text or phone calls. That's when I founfd out about Thursday. He has not given any notification to me. He is communicating through the children. Why would I take the chioldren's word? That is inappropriate. The caregivers are two random families. He has no family here.

Decree:

It is ordered and decreed that Lisa shall have possession of the children at all times not specifically ordered above for lisa or Mike.
(listesd above is just the standard with thursdays, holidays, etc.)

General Terms and Conditions:

#4 Either parent may designate any competent adult to pick up and return the children, as applicable; a parent or a deignated competent adult shall be present when the children are picked up or returned.

#5 A parent shall give notice to the person in possession of the children on each occasion that the parent will be unable to exercise that parent's right of possession for any specified period; and, repeated failure of a parent to give notice of an inability to excercise the possessory rights may be considered as a factoer in a modification of those possessory rights.

How can you leave the state or the country and not tell the other parent and send the kid where ever????? Don't I have first rights to my own children?

 

[stealth2]

How old are the children?

I somehow doubt he just picked two random families out of the phone book, ya know?

 

[Lisa Susanne]

He would only have them for thursday because it's my weekend. So I will see the kids Friday after schoool. I don't know when he is coming back because as far as he is concerned I don't exist.

Families:

Families in the community. the kids go to school with their kids.
He did not tell me or leave me with any information.

One family I know and the other I know who they are but don't know them on a personal level and do not have a phone number or anything.

 

[Isis1]

look, you need to realize something. they are not random families. they are families HE knows. just because YOU don't know them, doesn't mean they are random.

he's allowed to encourage his children to participate in sleepovers while he is gone. he is still utilizing his time. he made arrangements for his out of town trip.

you only have first right of refusal if your court order states so.

 

[Lisa Susanne]

15 years and 11 years.

 

[stealth2]

Personally speaking? I likely wouldn't sweat it that much. But that's just me.

 

[Lisa Susanne]

Sio I am supposed to take the children's word. What about the children's bill of rights act, #16 not using the children asa a middleman?

If something ever happened to the children then I'm questioned, why would you take the word of the children. He is not hels accountable for leaving the state not telling me the arrangements? Just asking? Wow!

 

[kimberlywrites]

I had the children for Mother's Day weekend, friday at 6:00 P.M. to Sunday at 6:00 P.M. When the children and I went to our drop off location he did not show. The children then told me they thought he went out of state. He did not answer any text or phone calls. That's when I founfd out about Thursday. He has not given any notification to me. He is communicating through the children. Why would I take the chioldren's word? That is inappropriate. The caregivers are two random families. He has no family here.

Decree:

It is ordered and decreed that Lisa shall have possession of the children at all times not specifically ordered above for lisa or Mike.
(listesd above is just the standard with thursdays, holidays, etc.)

General Terms and Conditions:

#4 Either parent may designate any competent adult to pick up and return the children, as applicable; a parent or a deignated competent adult shall be present when the children are picked up or returned.

#5 A parent shall give notice to the person in possession of the children on each occasion that the parent will be unable to exercise that parent's right of possession for any specified period; and, repeated failure of a parent to give notice of an inability to excercise the possessory rights may be considered as a factoer in a modification of those possessory rights.How can you leave the state or the country and not tell the other parent and send the kid where ever????? Don't I have first rights to my own children?

Seniors, does THIS mean ROFR even though it doesn't actually use those words?

 

[stealth2]

Sio I am supposed to take the children's word. What about the children's bill of rights act, #16 not using the children asa a middleman?

That's not a legal document.

If something ever happened to the children then I'm questioned, why would you take the word of the children. He is not hels accountable for leaving the state not telling me the arrangements? Just asking? Wow!

It's HIS time with the children. He is allowed to make arrangements he deems appropriate. Do YOU tell him every time you allow the children to spend time with someone else?

Just asking.

I just don't see as one night being that big a deal. Would you prefer he simply left the two at his place w/the 15yo in charge?

 

[Isis1]

Seniors, does THIS mean ROFR even though it doesn't actually use those words?

i read that as not exercising such as not showing up at all. he's allowed to have someone pick up.

consistent no shows would be cause for modification.

 

[Lisa Susanne]

I do understand, however like most cases there is a bigger picture. He has a personality disorder and for 6 years I have had to deal with protecting and looking out for the kids. I ususally handle theses situations well. I was just didn't clearly understand #5 under general terms and conditions. When does that apply?

 

[stealth2]

As Isis stated - when he's not planning on picking up (or having someone else do so in his stead) the children.

He could be home, and still have the kids spend the night at these friends' homes.