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Right of First Refusal

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Mommy Of 3

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

My ex of 10 months moved in with his new girlfriend of 5 months and they are engaged. Our children live with them full time (7 people in a 3 bedroom apartment). She is a stay at home mother now and he works a full time job and a night job each day. I have a job too, but I only work 8 hours a day while he is gone all day and night while his girlfriend is stuck in a 3 bedroom apartment with 5 boys all day long and all night long.

I have set up a mediation as my ex had moved 40 minutes away but still insisted that I stick to the 6 pm pick up and would leave with our kids if I was past 6:15 (which happens often in the Houston traffic.) He was the one that chose to move and I agreed to the time when he lived 5 minutes from me. I also have an older daughter that I have to pick up from daycare on my side of town and then have to speed to the other side of town to pick up that babies, lest he leave with them. My ex also continues to hold them above my head using them as a tool against me when he wants something to go his way. He even refused them to me on Mothers Day weekend.

The babies are age 2 and 1.

Having stated our history, do you think I could add to the modification for Right of First Refusal so that when he is out of town for work, that I get to keep our sons? He sticks to the agreement to the tee though he told me when we signed it that I could see the boys whenever I wanted given it was reasonable time. He will not allow this anymore since he moved in with the girlfriend and my heart aches to see the babies more often. I'm currently asking for additional time to make it to the other side of town to get them, a geographical restriction as well as additional time with them.

I signed the agreement only because it was the best for our sons at the time. After we separated, I moved in with my sister and he with his father (who had their own room for them) and I was also going through an emotional battle from breast cancer. I'm now back on my feet and really want to see our babies more often. I've since rented a house where they have their own room, their own beds and their own toys.

His arrangement has changed too as you read above. Besides the Right of First Refusal, do you think I have a case here even though it's been less than a year since the agreement? I want custody of my kids, but don't want to put them through the emotional battle of having to go through this. They've had to deal with enough. However, I feel that it's in their best interest to be with me as I wouldn't refuse their father more time with them and the living situation is better with me.
 


Humusluvr

Senior Member
I have set up a mediation as my ex had moved 40 minutes away but still insisted that I stick to the 6 pm pick up and would leave with our kids if I was past 6:15 (which happens often in the Houston traffic.) He was the one that chose to move and I agreed to the time when he lived 5 minutes from me. I also have an older daughter that I have to pick up from daycare on my side of town and then have to speed to the other side of town to pick up that babies, lest he leave with them. My ex also continues to hold them above my head using them as a tool against me when he wants something to go his way. He even refused them to me on Mothers Day weekend.
When did he move?
The babies are age 2 and 1.

Having stated our history, do you think I could add to the modification for Right of First Refusal so that when he is out of town for work, that I get to keep our sons? He sticks to the agreement to the tee though he told me when we signed it that I could see the boys whenever I wanted given it was reasonable time. He will not allow this anymore since he moved in with the girlfriend and my heart aches to see the babies more often. I'm currently asking for additional time to make it to the other side of town to get them, a geographical restriction as well as additional time with them.
I think you should absolutely ask for FROR.

His arrangement has changed too as you read above. Besides the Right of First Refusal, do you think I have a case here even though it's been less than a year since the agreement?
I want custody of my kids, but don't want to put them through the emotional battle of having to go through this.
They've had to deal with enough. However, I feel that it's in their best interest to be with me as I wouldn't refuse their father more time with them and the living situation is better with me.
[/QUOTE]

Why is it an emotional battle if they're so young?
 

Mommy Of 3

Junior Member
He met her the end of March and moved in the beginning of April.

I know my two year old has been grumpy lately and he asks him for mommy all the time. I just think he's confused about being moved around so much and seeing me so little. I got them for a total of 4 days in June as he will not allow me additional time with them.

My one year old doesn't seem to be bothered by it.
 

Mommy Of 3

Junior Member
Yes, it does, but I am not the NCP. I am a joint managing conservator. I also chose this for the better of my sons, but the situation has now changed. He also agreed for me to see them more often when I signed it. I know that means nothing by the law, but it meant something to me.
 

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