SPARC Forums

Main Forums => Custody Issues => Topic started by: secondwife08 on Aug 23, 2008, 07:05:11 PM

Title: Do you have to give them back to her if you travel
Post by: secondwife08 on Aug 23, 2008, 07:05:11 PM
We are 50/50 legal,physical.  DH sometimes has to travel on our weeks 2 maybe 3 days tops.  We have eow.

Bio mom wants DH to give them to her if he has to travel.  

Anyone in VA have laws to reference Where do I start?

She allows her new husband to take the kids out of town without her on her time but does not want me to keep the kids if DH goes out of town..

The kids want to stay here on our time too.
Title: RE: is there a "right of first refusal" clause in the divorce agreement?
Post by: junglechicken on Aug 24, 2008, 11:22:24 AM
If so, then it would be in your best interest to honour it, even if she doesn't.

If not, she doesn't need to know he's going to be away, does she?  Unless he can't pick up or drop off the kids.
Title: RE: is there a
Post by: secondwife08 on Aug 24, 2008, 11:32:02 AM
No.  She wants to put one in because recently DH went out of town for 2 nights .  She says the law says he has to give them back to me after 4 hours.  

I pick up all the kids after school I also drop them off before school  so doesn't her new husband.

Title: RE: is there a
Post by: wallyworld on Aug 28, 2008, 11:28:54 AM
NO you do not.... and usually the first right of refusal is for a longer period of time, not just a couple days... For my decree it was "longer than a two week period of time"  it was in the "standard parental agrrement" portion...
Title: Standard here is 4 hours. eom
Post by: tigger on Aug 28, 2008, 01:16:32 PM
eom
Title: hey Wallyworld
Post by: Davy on Aug 28, 2008, 05:02:18 PM

is your daughter back and is everything OK ?  School started ?
Title: long distances...
Post by: MixedBag on Aug 29, 2008, 07:12:30 AM
vs. close distances.

Bottom line is that when there is a Right of First Refusal clause, it needs to have a definition or explanation behind it to be clear as to when it kicks in.