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My GF is the custodial parent of her 10 yr old daughter and going out of town for 3 days He demanded the child while she's away

Rockwall, TX |
Filed under: Family law

She is worried that he may claim that she abandoned the child even though he has known about this trip for several weeks . He hasn't signed or filed the divorce papers because he owes his attorney money . Is there a need for her to have him sign something stating that he volunteered to take care of the child during her vacation?

Attorney Answers 4

Posted

People claim absurd things in court all day, every day. As a practical matter, if he can't afford to get his attorney to establish the prove-up, it isn't likely that he is going to get that attorney to go back to court to undo everything based upon a 3-day trip out of town. Even if he does - no doubt your girlfriend has plenty of back-up evidence to establish that it is merely a planned vacation and not a disappearing act. She might even send an email detailing her kindness in allowing him this extra time, with specific departure and arrival times.

The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state

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Posted

Attorney Langford has nailed it. Abandonment requires a lot more than a three day trip. If you bring a custody modification in front of a judge based on a three day (planned) vacation, she'll roll her eyes and tell you in the nicest way possible to get out. You're going to want some documentation, even if it's just a text message. If he's the type of person who'd actually bring a modification based on a three day trip, see about getting him to sign something acknowledging it.

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Posted

Put it in an email and save for your records. Leaving for a trip is not abandonment. If you have your own attorney you can set it for a final hearing if a judge hasn't made the final orders or if the judge did make the final orders then you can file a motion to sign and enter the drafted orders. Not paying the attorney is not a reason for the attorney to delay finalizing your case, although it may be grounds for the attorney to withdraw from the case. so No, you don't need to have your soon to be ex sign anything stating he volunteered to take care of the child during the vacation. Something you should consider for your final order is Right of First Refusal which address what should be done in these circumstances.

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Posted

I agree with the other answers but as a point of clarification....it sounds like there has been no divorce even filed or started. Is that correct? Or is there a Peition on file and just no Final Decree of Divorce? What have they been doing for visitation? Does she keep a color coded visitation calender? If not, she should....using a pink highlighter for Mom and blue one for Dad. Easy for the Court to see what the pattern has been. I like to use a year on a page in a horizontal format. I am in your area if you'de like to call. 972-412-5084. Victoria

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