Legal Question in Family Law in Texas
family law
My ex is claiming he can keep our kids over spring break for 10 days and leave them with his wife when he goes to work at the fire station for 24 hours. Our divorce decree has a clause titled Right of First Refusal: It Is Ordered that during ANY period of possession of either party. If the children are to be left in the care of another for a period of 6 or more hours, the parent in possession is to call the other parent and at that parent's election, allow that parent to take possession of the child while the possessory parent is absent. He is claiming that this is not applicable during that time. I am pretty sure he is wrong, but would you please clarify this for me? Thank you!
1 Answer from Attorneys
Re: family law
If that is the terms of the decree, then he is wrong. HOWEVER, if the children are not in danger, I advise clients to let this go -- it drags out the hostility, in front of the kids, and they resent you for getting in the middle of their time with dad.