My wife's ex-husband is the NCP of my stepdaughter. The parenting plan approved by the court at the time of the divorce allowed him visitation every other weekend. He has since moved to another state without filing for a new parenting plan with the courts.

What rights does he have now for visitation? Are we obligated to pay for part of a plane ticket for her to go see him since we were responsible for part of the transportation expenses under the existing plan? Isn't he required to have a written agreement with us or a new plan filed with the court if he leaves the area?

Thanks

Your wife needs to file for modification of the parenting plan.

Before I answer your question (which I normally don't do for 3rd parties, but you're not coming across with an attitude, so I will:)) what exactly does the court order state about visitation (times, place, etc.)?

I try to be as attitude free as possible. :-)

"The child(ren) will be in the care of the Father every other weekend"

"The child(ren) will be in the care of the Mother weekdays and every other weekend"

"Transportation will be provided as follows: Mother will drop the child off at 11:00 am on Saturday - Mother will pick up the child at 6:00 pm on Sunday"

"The costs of visitation-related travel/transportation shall be shared by the parents as follows: Father 78.3% Mother 21.7%"

Also, in the Additional Arrangements and Comments section it states: "Obtain written consent before moving. Neither parent will move with the child(ren) out of the Phoenix metropolitan area withot prior written consent of the other parent, or a court ordered Parenting Plan"

Does that help or do you need more info?
Thank you so much

Okay, well....

He didn't need consent to move as he didn't move with the children.

What I need to know is does it say WHERE your wife shall drop the children off (as in his former residence)?

What I'm getting at is that she is still required to provide the transportation to visitation with Dad, but if it lists WHERE she is to drop them off, then that is still where she will have to go.


How far away did Dad move? I know you said another state, but (and I admit, I am terrible at geography) theoretically, the could mean 30 minutes away or 18 hours away.

There is no mention of a specific location for drop offs and pick ups.

He moved to Wyoming, MapQuest says that his house is 780 miles from Phoenix. Just a short 13 hour drive away.

There is no mention of a specific location for drop offs and pick ups.

He moved to Wyoming, MapQuest says that his house is 780 miles from Phoenix. Just a short 13 hour drive away.

Okay, she needs to (as I said) file for modification of the order.

In the meantime, she will NOT get dinged for not transporting the children to his new location. That's just ridiculous. :rolleyes:

If he wants visitation, he can return to the location in which Mom has been taking the children up 'til now to pick them up.

If he had only moved a few miles away, my answer would be much different.

She needs to send Dad a certified, RR letter stating that she will be at the usual drop off spot with the kids for his regular visitation. She also needs to keep a copy for herself to present in court. That way, if Dad is super moronic and claims that Mom is denying visitation, she has proof that is NOT what she is doing. She is sticking to the court order.

I have a feeling that upon reciept of the letter, Dad will be calling and saying they need to work something else out.

When Mom goes in for modification, she needs to be sure and request that DAD be responsible for all transportation costs as he is the one that created the distance with no warning or notice to Mom.

Quote:
The costs of visitation-related travel/transportation shall be shared by the parents as follows: Father 78.3% Mother 21.7%"

While you wait for that modification hearing, keep the above in mind..... even on the original papers it calls for DAD to provide over 3/4 of the costs... I'm sure that 3/4 of the cost would be the plane ticket.... it also costs the Mom to drive the child TO the airport, meals, etc.

God bless!
Amy

In the meantime, she will NOT get dinged for not transporting the children to his new location. That's just ridiculous. :rolleyes:

I agree that it would be ridiculous however, you and I both know that sometimes the law and the courts can make you do things that go against common sense because the law is the law. Is there more to it than that??

Thanks

Quote: .... it also costs the Mom to drive the child TO the airport, meals, etc.

True, but he could turn around and use the same thing against us. The cost of him picking her up from the airport and such. Double-edged sword I guess.

Thanks