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First right of refusal order...

Mckinney, TX |

I was recently given the first right of refusal in a modification order (original decree in 2005) for when my ex is traveling somewhere overnight. If I know my ex will be traveling out of town on specific dates, do I need to give him SPECIFIC advanced notice that I will be taking the kids during that time? Our order is not specific about the notice given...

Attorney Answers 3


  1. You should contact your attorney b/c it sounds like the order is lacking the proper clarification you need to exercise your rights. Even if you work it out verbally there is nothing to protect you if it's not clear in the order. This is any easy fix that your attorney can help you with. Good luck!

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  2. Ms. Shanklin is right. Your attorney's job is to make sure the order protects your interests and accomplishes your goals. If something is not clear, contact your attorney to get a better understanding. Typically speaking though, with the right of first refusal, you are not required to give him specific advanced notice that you want the child(ren). Rather, it's his duty to inform you of the dates he cannot take them. However, not all first right of refusal language is the same as it varies based on your specific facts. Call your attorney. Best of luck.

    This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas


  3. Most of the time, the right of first refusal means that if a condition is going to occur, the other parent has the option to take the child before anyone else (think grandparents, step parents or someone else). That parent exercising the option does not normally need to give notice of where the kids will be. However, it sounds like you should hire an attorney for a flat fee (an hour of his time) to review the decree with you, discuss the situation, and make sure you are protected. Many attorneys would help with that, in Dallas or McKinney, if you provide a copy of the decree for review and give them a call or go into the office.

    This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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