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Long Distance Visitation Schedule

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BeachBaby

Junior Member
What is the name of your state? NM
My ex and I are having issues coming up with a suitable visitation plan. I am the custodial parent, the children are 8 and 9 years old. He is military and volunteered to move from this base that we are both at (my new husband is also military). As he was not making any moves to update the visitation plan, I retained a lawyer to formulate a long-distance plan.

The plan basically remained the same as it had been. He gets every other holiday. If within 100 mi, we split Christmas break, if outside 100 mi, he gets it in full on his year. Spring break would be alternated between us every other year. Summer break he would get just over half of - a total of 6 consecutive weeks. I also offered to abate CS in full for periods they were with him over 30 days. However, on the advice of my attorney, he would be responsible for transportation costs. There is also a clause that calls for reasonable visitation as requested in advance.

After receiving the papers, he then retained his own lawyer (which I expect as I would have done the same!). I just got his response to my papers this past week, and honestly I think it's a bit ridiculous...(just some background, until just recently we have gotten along well enough to coordinate schedules for the kids, I have always given and continue to give him extra days when he does request it which he rarely does).

He wants:

* He wants all of spring break every year.
* He wants all but 3 days of Christmas break every year.
* He wants all but basically 10-14 days of summer break every year.
* He wants to reassign his "visitation" rights to his family members or wife if he is deployed.
* Instead of the typical within 100 mi Every Other Weekend visitation he wants Every Other Weekend within 200 mi.
* He wants me to completely abate CS in the summer.
* He wants me to pay for half of transportation costs for ALL of his visitations.
* He wants (both of us would have this right) a 2 week vacation time with the kids each year if we both agree.

My lawyer advised me this is not acceptable...and that we will let the judge decide. I was thinking if within 200 mi. he could pick one weekend a month to get the kids (I know there are plenty of long weekends throughout the school year). I would agree to pay half of the transportation costs for summer but not to fully abate child support if I did so, possibly a half abatement. And possibly also give another week for summer. The other stuff I just flat out do not agree with.

What are your thoughts/ideas/recommendations?
 


TinkerBelleLuvr

Senior Member
Each state is different. I have seen where some states figure out how many days each parent has, and does the abatement right there, so that child support remains the same every month. Others, like mine, provides a 50% abatement when the child is with the NCP for more than 7 days.

I would find out HOW NM calculates child support before agreeing to abate child support. I found that the 50% abate is fair because you still have to maintain the home while the children are gone; you just don't have the expense of food at that time, and hopefully utiilities go down when the children are gone.

As for summer/spring break etc., the CP has the right to take children on vacation also.

As for my long distance plan, one school year, the NCP has Thanksgiving/ Spring Break; CP has Christmas break. The following year, it is reversed.

In our papers, the other parent has the right to see the child outside of the specified times (summer/ holidays) if we are in the other parent's state. My X recently came down to Florida and had her for a long weekend. I wish my papers stated with how much notice.

And while you are at it:
1. Specify how far you are willing to drive to an airport. I drive past a perfectly good airport at 35 miles for one that is 90 miles from home cuz the X saves $10.00.
2. Specify the earliest/latest a child can leave/arrive. I have had to leave home at 3:15 AM to get to a 6 am flight (see #1) or arrive in the airport at 11:30 at night (home at 1:30) and then have to be up at 7:30 am for school.
 

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