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Modification + ROFR?

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whattheheck?

Junior Member
What is the name of your state (only U.S. law)? TX

I had already posted in regards to my divorce being finalized without my ever seeing or signing the final decree. Noticed that the fill-in-the-blank decree was worded wrong (division of debts, etc.) and am wanting to get it modified to be what the judge actually ordered. Still trying to figure out how to do this, still debating the advice I had received (not wanting any extra expenses, due to not actually being relieved of any of his portion of our debts through the divorce!).

But my newest question is: If I file for a Modification on the final decree, I would also like to add Rights of First Refusal in regards to our visitation. My Ex works weekends and I would much rather our son be with me than whoever he would get handed off to while the Ex works. I'm 100% certain that my son would be stuck with my Ex's new girlfriend and my problem is that visitation is with his father, not his father's girlfriend.

This past weekend was the first weekend since the decree was finalized (that I knew about it, since it was all finalized without my knowledge, not that I wasn't expecting it, I just thought I would get to see it and sign off on it first. If that had been the case, I wouldn't have this mess anyway) But the Ex was a no-show, yet complained to the judge in our final hearing I was keeping his son from him. I was expecting him to get our son due to the courts general standing orders was no longer in effect. It had prevented him from having a romantic partner from 10:00p.m. till 7:00a.m. on his weekends and since he'd been living with another woman since we split, he never picked up our son during the pendency of the divorce. I had hoped for our son, that he'd come get him at least now it's final. No suck luck.

Obviously since he didn't even show to pick him up this past weekend, this might end up being a moot point, but I just want all of it in the paperwork. I had also mentioned that he'd already threatened (empty threats obviously) to take me to court for contempt, but I can't be held in contempt for him not showing up to pick up our child.

Sorry this was long, but if I file a Motion to Modify can I kill two birds at once?

thank you again for your adivce...

BTW, we ended up with a contested divorce, both ProSe, so that's why it's such a mess. Unfortunately for me, his mess up cost me and he ended up making out like a bandit! Still don't think he was smart enough for it to have been intentional tho.
 
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