Unacompanied minor

[jslopez711]

What is the name of your state? TX

I have an 8 year old son that I want to send over to my sister's house for a long weekend during his time with me. He would travel unacompanied from point to point in an airplane and of course my sister would meet him at the gate. No problems there.

I've read my orders (SOP TX) and the right of first refusal but it's still unclear to me if I can send him for a long weekend without his mother doing anything. She doesn't approve of the travel but I don't care.

Anyone have any experience on this issue?

 

[JETX]

I have an 8 year old son that I want to send over to my sister's house for a long weekend during his time with me. He would travel unacompanied from point to point in an airplane and of course my sister would meet him at the gate. No problems there.

I've read my orders (SOP TX) and the right of first refusal but it's still unclear to me if I can send him for a long weekend without his mother doing anything. She doesn't approve of the travel but I don't care.

Anyone have any experience on this issue?

Yep... and no one can help you without having the chance to actually READ what your court order stipulates.
If it prohibits your planned un-escorted travel, don't do it.

 

[jslopez711]

Yep... and no one can help you without having the chance to actually READ what your court order stipulates.
If it prohibits your planned un-escorted travel, don't do it.

That's my point. Nothing in my CO stipulates travel within the United States.

 

[Ohiogal]

That's my point. Nothing in my CO stipulates travel within the United States.

What does the ROFR state? When is he traveling? For how long?

 

[jslopez711]

What does the ROFR state? When is he traveling? For how long?

He's traveling from Houston to El Paso (TX) during his stay with me over the holidays. 3 Days. The time frame will not interfere with her time with my son.

ROFR does not apply because I'm designating, which I'm allowed to, another adult to watch over him, when the child is not with me. Sort of like getting step-dad to babysit while she works.

 

[Ohiogal]

He's traveling from Houston to El Paso (TX) during his stay with me over the holidays. 3 Days. The time frame will not interfere with her time with my son.

ROFR does not apply because I'm designating, which I'm allowed to, another adult to watch over him, when the child is not with me. Sort of like getting step-dad to babysit while she works.

Oh really? HOw exactly does the ROFR read? What is the exact wording? Because if you are allowed to designate another adult then you do not have a ROFR. A ROFR kicks in after a certain period of time if the actual parent cannot be with the child.

 

[TinkerBelleLuvr]

Question for OG: it has been stated in various other posts where the extended family of a parent gets to see the child during that parent's time. How does that affect a ROFR if this parent is choosing to allow the child to visit an aunt during his time?

 

[majomom1]

You read my mind Ginny... I was wondering the same. I don't think he can't be with the child, he is giving time to family. How do you do that with an ROFR?

 

[Ohiogal]

Question for OG: it has been stated in various other posts where the extended family of a parent gets to see the child during that parent's time. How does that affect a ROFR if this parent is choosing to allow the child to visit an aunt during his time?

The extended family does get to see the child during that parent's time if the parent is accompanying said child. And it depends on the wording of the ROFR. What exactly triggers the ROFR? Simply being away from the parent for a certain length of time? How is it worded? That is important. Dad can have the child visit his family all he wants if he goes with the child.

 

[jslopez711]

The extended family does get to see the child during that parent's time if the parent is accompanying said child.

No, you are wrong OG. All the time aloted to my family, with the exception of grand parents, if the court has granted them specific time, must be done during the time my child has with me. TX SOP does not stipulate any travel unless it is specifically mentioned. As I said SOP.

And it depends on the wording of the ROFR. What exactly triggers the ROFR?

ROFR in Texas is only applicable to property (real estate). I just found out.

Dad can have the child visit his family all he wants if he goes with the child.

Again, this is your opinion (and a wrong one at that), unless you have code or case law to prove other wise.

I have my answer already, thanks for everything. This is how it plays out;

The boy can travel and see any person I designate him to see for any length of time I designate adult supervision. Texas is big on keeping families together, this I know. I also know that I'm acting in the best interest of my child, and that is firm. Sending your kid to visit an aunt across the street for a few days is no different than to send him on an airplane for a few days. Mode of travel, distance or time have no case unless the pettitioner can prove its habitual.

Thanks for all.

 

[Bloopy]

Is Right of First Refusal metioned in your orders or not?? If so, what is the exact wording.

ROTF usually kick in after a certain period, say 8 hours or longer. If you have such a ROFR in your order, then you wouldn't be able to ship kiddo off for the weekend. If your sister wants to see kiddo she can come to your house for a vist or you can see her.

jslopez711 YOU are the one who mentioned ROFR

The extended family does get to see the child during that parent's time if the parent is accompanying said child. And it depends on the wording of the ROFR. What exactly triggers the ROFR? Simply being away from the parent for a certain length of time? How is it worded? That is important. Dad can have the child visit his family all he wants if he goes with the child.

OhioGal was being so good You will be bitten soon.

 

[profmum]

The boy can travel and see any person I designate him to see for any length of time I designate adult supervision.


no.. not on mum's time unless she agrees

 

[Bloopy]

no.. not on mum's time unless she agrees

Sweetie, I think he meant on his time

 

[jslopez711]

jslopez711 YOU are the one who mentioned ROFR

What part of "I JUST FOUND OUT" did you not understand newby?

OhioGal was being so good You will be bitten soon.

I've known OG for far longer than you have kid, sit down, shut up and READ post carefuly.

You are dismissed!

 

[Bloopy]

I've read my orders (SOP TX) and the right of first refusal but it's still unclear to me if I can send him for a long weekend without his mother doing anything.

You mentioned ROFR as if it was part of your order. 5 people read your post that way.