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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4787
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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I have a girlfriend whos ex is a control freak. It states

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I have a girlfriend who's ex is a control freak. It states in their divorce papers she can't have any sleep overs when she has her son and I respect that but We are going on vacation and taking her son.
I am staying in a totally separate hotel thats about 5 miles from her hotel. Well her ex heard I was going and now threatening to take her to court for breaking a court order. Are we breaking any court orders here and does he have a leg to stand on?

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

As it relates to the overnight visits, in a word: no.

texlawyer :

There may be clauses about taking the child out of state or a certain distance from home without consent from the other parent, but I can tell you that if you are not staying in the same room - or even the same hotel - there are no grounds on which to take her to court related to the overnight rule.

Customer:

Thanks

texlawyer :

Do you have any questions?

Customer:

They have joint custody but he has physical custody but there are no clauses preventing her from taking him out of state. He says he has the last say in everything she wants to do concerning her son. Their divorce papers state that he has the last say but I dont think that means he has control over every thing she says and does with her son. Am I Right?

texlawyer :

Yes, you are correct. As long as she is acting within the bounds of the agreement, she's fine. The "last say" part is more about the child's direction, not whether you can stay in a hotel 5 miles away. If he takes her to court over that, he risks losing credibility with the judge, which could seriously cost him in the long run.

texlawyer :

How far off is this vacation?

Customer:

Thats awesome. Can you email that answer? Gulf shores AL. About 7 hours away.

texlawyer :

I mean how distant in the future is it?

texlawyer :

Also, I can't email you the answer, but it is always accessible through your profile.

Customer:

Oh I'm sorry. Next week. Thanks you've been a big help

texlawyer :

Glad to help.

texlawyer :

Can I do anything else for you?

Customer:

No, You've been very helpful. I will rate you in a few

texlawyer :

OK. I hope everything works our for you and your girlfriend. A bad ex can be a nightmare. It sounds like he just doesn't want her to have someone new.

Chris T., JD and 4 other Family Law Specialists are ready to help you
Hi! I just wanted to follow up with you and see if everything went OK with the ex and the vacation. If you have any questions, don't hesitate to ask.

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