Does my ex's girlfriend have rights to my son on his weekends when he is gone?

[texasmom1]

[HIGHLIGHT=#a0a0a4]I was wondering if my ex's girlfriend has any rights to my son when its his weekend to have my son, however he has to work and is gone out of town? Does she get my son for the weekend even though he is not at home??? [/HIGHLIGHT]
[HIGHLIGHT=#a0a0a4]Does anyone know the answer to this ?? [/HIGHLIGHT]

[HIGHLIGHT=#a0a0a4]Thanks [/HIGHLIGHT]

[Waylon]

Yes, if it's his time and you don't have a "right of first refusal (http://www.deltabravo.net/custody/firstrefusal.php)" clause in your parenting plan, then she has every right to watch and/or care for the child, whether he's at home or not.

[ocean]

Yes, just like you get son a babysitter when you work or go out so can he.

[MomofTwo]

If you don't have it, file for a modification (as Waylon said) asking for right of first refusal.  This gives you first opportunity for you (or your ex) to have the child when you are not available to be with the child. It is not meant for short time periods, but usually over a certain time period (3 hours or whatever you request).   So, in those cases where he is working or out of town, you would have the first right to have the child stay with you.  It goes both ways though...if you go out of town, he then would have first right to the child.

[Davy]

It is far better to work out an agreement with the other parent rather than filing for a modification with the court (Waylon did not say that).

The original purpose of the right of first refusal was to allow the non-custodial parent to have the right to elect possession of the children when the custodial parent would be away.

ROFR is not automatic and may be considered unreasonable and unworkable.  Following is just SOME consideration :

-- The parents are generally cooperative and friendly
-- Neither party has filed motions alleging visitation interference or noncompliance or "parental alienation."

If parents are highly conflicted, and prone to having arguments or just exhibiting a cold and disengaged "attitude" when making exchanges of the child, the right of first refusal is unreasonable, and the additional transitions are a potential source of detriment to the child.

. In order for the right of first refusal to not turn into a denigration of the other parent's time, the "right of first refusal" must in fact function as it's posited to function, as a helper position in lieu of third party childcare, and with the same level of communication that happily married parents would exercise with each other.

[mastracci]

When you say, " on his weekends when he is gone," how long is "gone?"  And, what if anything is wrong with this?   All the best,
Mike