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How do I go about filing a right of refusal in a custody…

Customer Question
How do I go...

How do I go about filing a right of refusal in a custody case

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

We have a standard custody order in place. He isn't able to pick the girls up at 6pm and he isn't able to pick them up from school to bring them back to me at 6pm the following day

Lawyer's Assistant: Family law varies by state. What state are you in?

He isn't keeping them during his weekends, he's dropping them off with his mother or brother or whoever he can get to keep them

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We live in texas

Submitted: 3 months ago.Category: Family Law
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Answered in 5 minutes by:
3/19/2018
Family Lawyer: LegalGems, Lawyer replied 3 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,392
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 3 months ago
How do I go about changing the standard possession order so that he doesn't get them throughout the week.
Family Lawyer: LegalGems, Lawyer replied 3 months ago

I am sorry to hear you are having trouble getting the other parent to comply with the court order.

First if a parent chooses not to exercise their visitation time that can be the grounds for a modification request. Here are the forms for that.

Any instances of violations would be brought to the court's attention (ie a declaration/affidavit) to help support one's claim.

When a parent has custody the parent is free to designate third parties to care for the child but if this is an ongoing matter then the other parent may request, in the above linked documents, a right of first refusal. Generally they will ask that the other party provide a certain number of days if they are not able to personally care for the child and will need to have a third party care for the child. The parent would then have the option of having custody during that time.

If the party keeps violating that portion of the order one can seek a contempt citation for the knowing and willful violation of a court order.

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Customer reply replied 3 months ago
How do I file a right of refusal
Family Lawyer: LegalGems, Lawyer replied 3 months ago

With the link above the request would be included because a request for a right of refusal would be considered a modification to the child custody order.

Section 9, box 2 may be checked to do so.

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Customer reply replied 3 months ago
Ok thank you
Family Lawyer: LegalGems, Lawyer replied 3 months ago

You are most welcome;

Further questions please post here otherwise kindly rate 5 stars if you feel I have earned it to help maintain my customer ranking score. Thanks!

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