Clear Thinking check

[jslopez711]

What is the name of your state? TX
I've posted my issue before, for the ones who give the advice so well, you know. I almost got everything ironed out with the ex. Visitation and all, except she changed her mind about me keeping my Son overnight on Sunday's and dropping him off to school Monday morning. It's a 30 mile drive, I told her I would not do the Thursday overnight but I would exersise my right to drop him off at school on Monday morning on my weekends. She originally agreed and even asked me if I wanted to start right now, I said yes. She calls today and says to me that she did not understand and that now she has a problem with Monday mornings.
So we get into your typical he said, she said routine. I told her we should go back to our corners and decide on something. Sometimes I get so cought up in arguing with her that I start to wonder if I'm really doing this for my son or me. She puts me in that frame of thought. (Thank God for this forum). I need a Clear Thinking check. Should I just let her win her power trip again and 'lean into the strike zone' again? I honesty don't think that an early wake up twice a month is that big of a deal.
I offered to bring him back early if I had back-to-back weekends and/or we could start this when he went to 1st Grade, no dice.

Check please!!!!!!!!

 

[VeronicaGia]

Is there a visitation order or are you simply trying to hammer out an order? If you're trying to hammer one out, ask for more than you want and settle for what you want. If there is an order, it's too bad for her and she'll have to file for a modificaiton, but a judge will wonder why she agreed to this in the first place.

 

[jslopez711]

There is an order and this is a modificaton. We are trying to iron this one out right now. I've given in on all of her issues, from $$ to Thursdays only when I live within 20 miles. It's not set in stone because the judge has not signed it yet. We needed this one.

 

[jslopez711]

TX
I'm sorry, I should state that I have the Standard Order of Possession for the state of TX.

 

[LdiJ]

TX
I'm sorry, I should state that I have the Standard Order of Possession for the state of TX.

Is there any reason why you can't move closer to her to resolve these issues?
30 miles is pretty far, not just for the child but for you (unless you work in the area and have to drive in anyway). It could make for a pretty complicated Monday morning.

Also, the closer you are the easier it is for you to be involved in the child's future school, sports and other activities. Sure 30 miles is still workable, but more complex that living 10 or 15 minutes away.

 

[shawna maples]

Family Code Chapter 153.316

The court shall order the following general terms and conditions without regard to the distance between the residence of a parent and the child:

At the possessory conservator's election, made before or at the time of the rendition of the original or modification order;

(4)if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled;

According your previous posts that which you are seeking in your mod. still falls under the guidelines for tx standard possession. I wouldn't settle for less. My opinion is that I'd inform the ex that you're thinking long term concerning the mod. and that because the standard possession order includes both under 100 miles away and over 100 miles - why should you limit your access to your child? The order provides you the option for the overnights. If you give up that option which falls under minimum standard visitation, the option is no longer yours.

Another opinion, perhaps if you were to ask for a little more (say Right of First Refusal) your ex may be more inclined to give in on the already standard visitation your seeking.

 

[jslopez711]

Is there any reason why you can't move closer to her to resolve these issues?
30 miles is pretty far, not just for the child but for you (unless you work in the area and have to drive in anyway). It could make for a pretty complicated Monday morning.

Also, the closer you are the easier it is for you to be involved in the child's future school, sports and other activities. Sure 30 miles is still workable, but more complex that living 10 or 15 minutes away.

I intend to move closer, my previous post state that. This new agreement comes at the heels of her suing me for more money. I took the oportunity to revamp the agreement. CP is trying to buy a house and she also states that she does not intend to stay there, she just wants out of her appartment.

The drive is a beltway, it actually takes about 25 minutes.

And I fogot, I did move closer, I moved from Phoenix to Houston near where she used to live before there was any orders. She moved further away and then the new orders came through.