Visitation problem..Please advise

[wolfcreekgal]

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

My ex moved with our four year old son to Illinois a month ago. I am still trying to find a lawyer to take my case, but in the interim, I am having severe visitation issues with the CP.

Our court order states he is to pay for all transportation costs since he is the one who moved. He's already missed visitation saying he can't afford it. My son's visitation (for summer vacation) is swiftly approaching and now the CP is telling me I will have to drive to Illinois to pick up my son. He's saying he'll pay for gas when I get there.

In the first place, I don't trust him as far as I can throw him and secondly, there's NO way my husband can take off time from work to drive there. Is it the CP's responsibilty to get him here or mine?

 

[Proserpina]

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

My ex moved with our four year old son to Illinois a month ago. I am still trying to find a lawyer to take my case, but in the interim, I am having severe visitation issues with the CP.

Our court order states he is to pay for all transportation costs since he is the one who moved. He's already missed visitation saying he can't afford it. My son's visitation (for summer vacation) is swiftly approaching and now the CP is telling me I will have to drive to Illinois to pick up my son. He's saying he'll pay for gas when I get there.

In the first place, I don't trust him as far as I can throw him and secondly, there's NO way my husband can take off time from work to drive there. Is it the CP's responsibilty to get him here or mine?

Depends on what your court order says, really...and technically he WILL be paying for the transportation costs. Does it specify who is responsible for actually transporting kiddo?

 

[wolfcreekgal]

Thanks for responding, Dogmatique. No, the court order does NOT specify who is responsible for actually transporting our child. It merely states: "Moving parent shall be responsible for all transportation costs".

This scares me as my ex has (in one month's time) already been turning my son against me, getting him to hang up on me, etc. and I know this is another tactic of his to totally remove me from the equation.

1100 miles is a long way to go and CP knows it, that's why he's laying the burden of the drive on me. I would think, since he is the one who left, he'd have to get him to me, but he says he doesn't.

Who is right?

 

[wileybunch]

IIRC, he moved away w/o a long distance plan so there is no CO with regard to long distance visitation. However, the state's default plan says move away parent has to pay? Not sure if you will be successful in finding Dad in contempt. You may be able to.

In any event, go to child and pick him up and pay for everything yourself so you can control being able to see your child. Then file in court along with the other things you are filing for to be reimbursed for the transportation expenses associated with retrieving your child for visitation due to Dad's move away . If you decide not to file for a change in custody and only decide to file for a long distance visitation plan for yourself, make sure Dad is responsible for transportation costs.

 

[wolfcreekgal]

Thank you, Wiley. Trouble is, I don't have the financial means of making that kind of drive and CP knows it. Before he moved he told me he'd have our son here for the summer and now he's changed his tune.

 

[kimberlywrites]

Do you have a credit card? can you borrow the money? You've got to find a way to get there, and then as suggested by senior, ask for reimbursement when you file your other stuff with the court.
Be an adult and GO GET YOUR CHILD.