Child Custody Modification and 62 mile commute for 7 year old on a school day

[my bear]

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

My 7 year old daughter's father recently moved 62 miles away. Our custody agreement was entered into when he lived 5 miles away. He feels it is appropriate for her to commute 62 miles on a school day. I feel it is too much to place on our child. I have attempted to work this out with him so that she comes home on Sunday evening during the school year, but so far he has told me that the Judge will side with him so he will take his chances in court. What is the likelihood that a California judge would find it appropriate to have a 7 year old commute 62 miles on a school day on a very busy stretch of road?

Also, he did not exercise his right to keep through Monday morning until 1 month ago when he moved out of the area.What is the name of your state (only U.S. law)?

 

[Antigone*]

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

My 7 year old daughter's father recently moved 62 miles away. Our custody agreement was entered into when he lived 5 miles away. He feels it is appropriate for her to commute 62 miles on a school day. I feel it is too much to place on our child. I have attempted to work this out with him so that she comes home on Sunday evening during the school year, but so far he has told me that the Judge will side with him so he will take his chances in court. What is the likelihood that a California judge would find it appropriate to have a 7 year old commute 62 miles on a school day on a very busy stretch of road?

Also, he did not exercise his right to keep through Monday morning until 1 month ago when he moved out of the area.What is the name of your state (only U.S. law)?

It seem like great daddy/daughter time to me. So what they leave a little earlier for her to get to school.

What is your ulterior motive?

 

[CJane]

Depends on the judge. Personally? I don't think it's a big deal if Dad can get her there on time and she's not excessively tired. That's an hour of Daddy n me time that she wouldn't otherwise get.

I kind of miss my outrageously long before/after school commutes when I lived out of the area. Now, I just shove the kids out the door to walk to school. Not the same. (Judge sided with me, and the commute, by the way)

 

[my bear]

I really do not have an alterior motive other than my daughter is getting up at 6:00 am on a school day to then commute 1 1/2 to 2 (the area is prone to heavyy traffic and many accidents) hours that day. She is quite tired on those Mondays. I do not want her school work to suffer as a result of being excessively tired.

 

[CJane]

I really do not have an alterior motive other than my daughter is getting up at 6:00 am on a school day to then commute 1 1/2 to 2 (the area is prone to heavyy traffic and many accidents) hours that day. She is quite tired on those Mondays. I do not want her school work to suffer as a result of being excessively tired.

6 is pretty normal. And this is apparently an e/o weekend situation. Her school work isn't likely to suffer because she's a little tired on Mondays. Plus, she could doze in the car (and probably does).

You have no basis to change anything. I can see that you wish you DID, but you don't. Sorry.

 

[Antigone*]

I really do not have an alterior motive other than my daughter is getting up at 6:00 am on a school day to then commute 1 1/2 to 2 (the area is prone to heavyy traffic and many accidents) hours that day. She is quite tired on those Mondays. I do not want her school work to suffer as a result of being excessively tired.

just curious ~ from what city to what city?

 

[my bear]

He is entitled to have her e/o weekend and Wednesday overnight and Thrusday for dinner. Our order is 2 years old. He only took her for 3 months after the court ruling for the week night visitation. He has not done it since. Up until last month he had not taken her for weekend visitation for the previous 5 months. In the last 1 1/2 years he has taken his weekend visitation for a total of 6months.

 

[my bear]

Santa Rosa to Benicia.

 

[MichaCA]

What time does he pick her up on Wednesday...after school or after work? The drive south on 101, starting around 4 pm, is horrible...I am curious how long it takes him/them to get home.

 

[my bear]

He no longer takes her on Wednesday night or Thursday evening. He quit exercising that right 3 months after the court order went in affect which was 2 years ago.

 

[Just Blue]

I really do not have an alterior motive other than my daughter is getting up at 6:00 am on a school day to then commute 1 1/2 to 2 (the area is prone to heavyy traffic and many accidents) hours that day. She is quite tired on those Mondays. I do not want her school work to suffer as a result of being excessively tired.

My child is in a Advanced Program that, for busing, requires her to get up at 7am, be out for the bus at 8am, for school at 9:30 am. She gets home at just after four.

Her school work does not suffer. SHE does NOT suffer. This happens EVERY DAY of the WEEK. Still she doesn't suffer.

 

[stealth2]

My daughter commutes - by school bus - 1 1/2 hours each way, daily. They all either sleep or do homework.

 

[MichaCA]

The bottom line is the commute doesn't happen often...its Monday mornings every other week. My understanding is the drive UP on Monday mornings would not be so bad...its everyone driving into the Bay area for work - going the other way that is pretty intense.

 

[my bear]

He is driving with the commuters going toward the Bay Area on Monday mornings not only on 101 S but also on 80 W which are both horrible hot spots. 780 E is the only stretch that is not so bad.

 

[mistoffolees]

He is entitled to have her e/o weekend and Wednesday overnight and Thrusday for dinner. Our order is 2 years old. He only took her for 3 months after the court ruling for the week night visitation. He has not done it since. Up until last month he had not taken her for weekend visitation for the previous 5 months. In the last 1 1/2 years he has taken his weekend visitation for a total of 6months.

Then what are you complaining about? It has happened either 6 or 12 times in the past 18 months (your post isn't clear). Losing an extra hour of sleep that infrequently isn't a problem.

The bottom line is the commute doesn't happen often...its Monday mornings every other week. My understanding is the drive UP on Monday mornings would not be so bad...its everyone driving into the Bay area for work - going the other way that is pretty intense.

It's less than that - Dad is exercising his visitation fairly infrequently.