Legal Question in Family Law in Texas

My decree includes first right of refusal of child custody when either parent is going to be away from the home overnight. I am remarried and my ex believes that first right of refusal should apply if I am away but my spouse is not. My ex also stated that if my parents want to take the kids overnight, I still have to allow right of first refusal.

I don't believe that first right of refusal is intended to give one parent control over the other, as above. What is the legal reality in Texas?


Asked on 4/24/10, 7:44 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

This "right of first refusal" is governed entirely by the language in the decree - you'll want to read it very carefully, or have a lawyer look at it. There is no standard language for "right of first refusal."

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Answered on 4/30/10, 5:27 am


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