What is the name of your state (only U.S. law)? Tx. My sons father gets 1st,3rd and 5th weekend and summer possession in July. He is married and does travel out of town for work. Is my sons fathers possession transferable to stepmom (his wife) when he is out of town or can I keep him until his dad returns?? There is a order in place and there is no restriction as to a babysitter but I didn't know about it if he is out of town?? Please help.... Thanks!
If he is not going to be there at all for the period of possession, then yes, you could keep your son with you. However, if there is no right of first refusal in your order, and dad picks up the child and then goes out of town, leaving the child with his wife, (or anybody else for that matter) there is nothing you could do about that except take it back to court to get ROFR added to your order.
Its much iffier if, for example, dad is out of town but will be returning late Friday night, and stepmom picks up the kids at the normal exchange time on Friday night. In that instance you would like look unreasonable to a judge for insisting on keeping the child.
It all depends on the actual details of the situation.
