Child Relocation ?

[RedEagle12]

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

Good Morning,

My friend is the mother of three children, divorced for two years. Her x-husband has recently purchased a new home 40 miles or roughly 60 minute drive from the mother and the children's school. The father has texted her two weeks ago that he's moving and will not file relocation paperwork. Apparently through text he stated it will be her responsibility to transport the children to his new home, and if she does not her will call the police. Now, I know much of this is scare tactic so he can have his way ... They have 50/50 parent responsibilities. The children are with mother M - F (am) during school and with father F (pm) - Su and every other Monday (am). Mother stated on the parenting plan, the X marked the children live with him for school attendance purposes (I am assuming that gave him primary residential responsibility?)

Can the X move this distance and expect mother to do the transporting? The X states mother will be in contempt of court if she does not transport, according to the current parenting plan.

I suppose my question is, who does the burden of transportation fall on and does he have to file for relocation, modifying the parenting plan to reflect the geographical distance?

Thanks for your help!

RedEagle

 

[sandyclaus]

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

Good Morning,

My friend is the mother of three children, divorced for two years. Her x-husband has recently purchased a new home 40 miles or roughly 60 minute drive from the mother and the children's school. The father has texted her two weeks ago that he's moving and will not file relocation paperwork. Apparently through text he stated it will be her responsibility to transport the children to his new home, and if she does not her will call the police. Now, I know much of this is scare tactic so he can have his way ... They have 50/50 parent responsibilities. The children are with mother M - F (am) during school and with father F (pm) - Su and every other Monday (am). Mother stated on the parenting plan, the X marked the children live with him for school attendance purposes (I am assuming that gave him primary residential responsibility?)

Can the X move this distance and expect mother to do the transporting? The X states mother will be in contempt of court if she does not transport, according to the current parenting plan.

I suppose my question is, who does the burden of transportation fall on and does he have to file for relocation, modifying the parenting plan to reflect the geographical distance?

Thanks for your help!

RedEagle

We really need to have the particulars provided by the mother, and not an unrelated 3rd party. We need to know EXACTLY what the custody/visitation court order says regarding transportation. Is she responsible for transportation both ways, or do they take turns or split the transportation each way?

Generally speaking, if a parent creates the distance, they would be responsible for at least part of the added costs incurred in order to facilitate the visitation with the other parent.

She cannot simply refuse to send the children for their visitation because it sounds like he would definitely file for contempt. It also sounds like a modification of the visitation/parenting plan to address how to deal with the increased distance created by Dad is in order.

 

[stealth2]

My bigger concern is school. They apparently reside with him for school purposes - so he may plan to transfer the kids to his district. Mom really needs to create her own account and have her orders handy..