Too far for pick ups and drop offs..meet me half way?

[cleopatra8771]

visitation, meet me half way?

Hey, does anyone have any info on visitation laws?
My cousin and her husband live somewhere in Massachussetts and the custodial parent lives in the same state, different city. They are approximately 40 minutes apart, one way. They pick up the child every other weekend from school on Friday's and then drop him off to his mother on Sunday's by 3:00. They don't see why it should be them to have to pick up and drop off all the time.
Court order states that mother shall meet with father at his location every week in summer months. She has refused to do this and we are trying to find out if there is some law that states for the 2 parties to meet half way in cases like this one. Again, any help would be greatly appreciated.

[Edited by cleopatra8771 on 02-02-2001 at 01:02 PM]

 

[lindsayilene]

what are the two states?
does it say anything about it on the visitation order?

 

[usmcfamily]

There are two issues here -- first of all by refusing to comply with the existing order the mother is in contempt of court and the father has the ability to pursue that in a court of law by filing a case against her in family court for violating the order.
As to the meeting halfway - without petitioning the court for a modification of the order to include such a stipulation there is nothing he can do -- so if he is serious about pursuing this he will need to start there. There is not necessarily a "law" in any state regarding distance traveled etc that would specify when/not to require meeting halfway ... typically this is something worked out at the time of the order if one or the other parent requests it. As it stands now it would take a modification of the original order to be issued -- the chances of getting the stipulation added are slim UNLESS there has been a move ON THE PART OF THE MOTHER since the original order was issued that is resulting in the distance problem...not to mention that getting her to comply would be difficult as she is already showing disregard for the stipulations in the original order that require similar cooperation on her part.
I don't mean to cast doubt on his case, but the father does need to realize that obtaining the order AND getting her to comply would be an uphill battle....my suggestion is to obtain the counsel of an attorney specializin in father's rights (internet search for advocacy groups and they can refer him -- also can result in reduced rates!!)...and pursue the issue from there.

 

[cleopatra8771]

Thank you usmcfamily for your reply, it was very helpful.