Is it within my rights?

[abstract99]

What is the name of your state? Az

My ex informed me that she will be taking a 2 1/2 week vacation ofer the children's Fall Break this year. She will be going with her husband and their 2 children from their marriage. She said that she cannot afford to take the other 2 (from our marriage) because it would not be comfortable in the car with 6 people and she cannot afford to pay for them as well. This is not my fall break to have the kids. She has told me that they will be staying with a neighbor whose children are close friends with our kids. Is it within my right to ask that I be allowed to care for the children instead? She has sole custody.

 

[BelizeBreeze]

What is the name of your state? Az

My ex informed me that she will be taking a 2 1/2 week vacation ofer the children's Fall Break this year. She will be going with her husband and their 2 children from their marriage. She said that she cannot afford to take the other 2 (from our marriage) because it would not be comfortable in the car with 6 people and she cannot afford to pay for them as well. This is not my fall break to have the kids. She has told me that they will be staying with a neighbor whose children are close friends with our kids. Is it within my right to ask that I be allowed to care for the children instead? She has sole custody.

Unless you have 'first right of refusal' or can affect a trade of time(s), then no, it is not within your 'rights'.

 

[stealth2]

I differ, Beebs. He can ALWAYS ask. But she can say know, and he has no recourse.

 

[abstract99]

Unless you have 'first right of refusal' or can affect a trade of time(s), then no, it is not within your 'rights'.

What do you mean a trade of time? As in take that fall and give her spring? I already offered that and she said the only way that she would do that is if she gets the kids this winter. I have not had them for 3 years at christmas time so I will not give it up. I actually wonder if she is actually even doing the trip of if she is just saying that she is in an attempt to get them this winter as it is odd for her to even call me (hasn;t done so in 4 years).

EDIT: It should be noted that she left the kids with the neighbor for a week last summer and the judge yelled at her for not allowing me to watch them since I had offered to do so and pay for all transportation (even fly ther andget them)

 

[fairisfair]

What do you mean a trade of time? As in take that fall and give her spring? I already offered that and she said the only way that she would do that is if she gets the kids this winter. I have not had them for 3 years at christmas time so I will not give it up. I actually wonder if she is actually even doing the trip of if she is just saying that she is in an attempt to get them this winter as it is odd for her to even call me (hasn;t done so in 4 years).

EDIT: It should be noted that she left the kids with the neighbor for a week last summer and the judge yelled at her for not allowing me to watch them since I had offered to do so and pay for all transportation (even fly ther andget them)

No, he means unless the right of first refusal is written into your custody/visitation orders then she has the right to make whatever arrangements she deems fit for the care of the children. Affecting the trade of time would of course be at her agreement. by the way, I can't imagine a mother taking some of the children and not the others, IMHO everyone should stay at home if they do not have the finances for everyone to go. That just stinks.

 

[stealth2]

No, he means unless the right of first refusal is written into your custody/visitation orders then she has the right to make whatever arrangements she deems fit for the care of the children. Affecting the trade of time would of course be at her agreement.

I know Beebs is more than capable of clarifying what he meant, but what about "trade of time" is difficult do comprehend? It's different than ROFR. It means "I'll trade you this time for that."

 

[fairisfair]

I know Beebs is more than capable of clarifying what he meant, but what about "trade of time" is difficult do comprehend? It's different than ROFR. It means "I'll trade you this time for that."

actually after I posted and before reading this I noticed the part about trading time and corrected it, not knowing if BB was still posting, I just attemtped to try to clarify. but thank you for the snotty post.

 

[stealth2]

actually after I posted and before reading this I noticed the part about trading time, not knowing if BB was still posting, I just attemtped to try to clarify. but thank you for the snotty post.

Not my fault if you decide to reply before actually reading and comprehending.

 

[fairisfair]

Not my fault if you decide to reply before actually reading and comprehending.

and not my fault that you are so ready to jump in and correct that you do so at the exact same time as another is posting

 

[stealth2]

and not my fault that you are so ready to jump in and correct that you do so at the exact same time as another is posting

yes, I'll make sure to check in future to see if you're correcting yourself.

 

[fairisfair]

yes, I'll make sure to check in future to see if you're correcting yourself.

I have no doubt that you will.