Visitation Agreement

[aoyen81]

What is the name of your state (only U.S. law)? ND

I was divorced two years ago... on my on stupidity and lack of knowledge at the time I had nothing set up about who was to meet who and how long distance visitation travel would be split up. I always assumed (stupid thing to do) that it was 50/50 - she would drop off and I do the same or vise versa - well - i've finally decided to move after two years and she tells me that i'm going to have to do all the travel on the weekends (which after she moves will be 8 hours). I've sent emails to all the local attorneys asking for information but wondered if you guys could provide some insight on this for me. Is it going to be a full blown court battle or can this be submitted to the judge for review and approved/denied at their discretion?

Thanks for your help.

 

[CJane]

You're BOTH moving?

 

[aoyen81]

I'm moving first - she's potentially moving - as it sits right now (when i put in my request) I will be moving 2 hours away.

 

[aoyen81]

Anyone have any advice on this?

 

[Zephyr]

Anyone have any advice on this?

if you do not go to court to modify the order to reflect the new distance then the current order will still be in effect, it's really best to take it back in and try to get something set up officially. maybe you two will come to an agreement in mediation and a court battle won't be necessary. if mom is moving that far away, you should push for her to be responsible for a proportionate amount of the travel.

 

[aoyen81]

How could the divorce order be interpreted now beings as there is no mention of who meets who for visitation? I've got the order in front of me and there is absolutely no mention of pickup/dropoff stuff.

 

[LdiJ]

How could the divorce order be interpreted now beings as there is no mention of who meets who for visitation? I've got the order in front of me and there is absolutely no mention of pickup/dropoff stuff.

In general, if nothing is mentioned about transportation then it either defaults to state guidelines (if state guidelines are included in the orders) or the visiting parent has to supply all of the transportation.

In general, the moving parent (in this case you) would supply all of the transportation because you would be creating the distance.

If she then moves, and creates a further distance, you could take it back to court to have the judge decide about transportation costs. Every other weekend would also not be feasible with an 8 hour distance, therefore you would also need to get a long distance visitation schedule ordered.