Question regarding Trasportation

[KC_911]

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

I am the CP. A new Parenting Plan was approved by a judge in Dec 2015 while the NCP was living about 3 miles from my home. The plan states that I will provide transportation of the children to her home at the end of my parenting time and she will provide transportation to my home at the end of her parenting time. In the middle of January she notifies me she is moving about 37 miles/45 minutes away to live with her boyfriend. To drop the kids off to her on Fridays I will have to drive from work which is very close to her new residence to my home to get the kids then drive to the NCP home and then drive back to my home. This will equate to 2hrs 15min of travel time to drop the kids off to her as oppose to 15 minutes prior to her move. Since she created this distance between us am I obligated to fulfill my transportation duties as outlined in the parenting plan?

 

[Silverplum]

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

I am the CP. A new Parenting Plan was approved by a judge in Dec 2015 while the NCP was living about 3 miles from my home. The plan states that I will provide transportation of the children to her home at the end of my parenting time and she will provide transportation to my home at the end of her parenting time. In the middle of January she notifies me she is moving about 37 miles/45 minutes away to live with her boyfriend. To drop the kids off to her on Fridays I will have to drive from work which is very close to her new residence to my home to get the kids then drive to the NCP home and then drive back to my home. This will equate to 2hrs 15min of travel time to drop the kids off to her as oppose to 15 minutes prior to her move. Since she created this distance between us am I obligated to fulfill my transportation duties as outlined in the parenting plan?

Yes, until/unless you get a new court order.

 

[KC_911]

Does it make a difference she did not give relocation notice pursuant to RSMo. Section 452.377?

 

[Zigner]

Does it make a difference she did not give relocation notice pursuant to RSMo. Section 452.377?

Not at the moment - but it could affect things in court.

 

[Silverplum]

Not at the moment - but it could affect things in court.

Because you should object and file for a modification.

 

[CJane]

Ok. From my experience with MO courts, and a couple of relocations by both parents...

It's highly unlikely that a judge is going to take your commute home into account when assessing travel times, because you'd be doing that anyway, and were doing it before Mom moved. It's also unlikely that a move of 37 miles is going to make much of a difference at all in whether/how a judge revises drop off/pick up methods or allocations of time. It's simply not "significant".

Does it seem unfair and a PITA? Of course. Is it worth fighting about in court to probably lose anyway? Only you know the answer to that one.

 

[stealth2]

Why not switch it so the receiving parent picks up? So Mom gets them on Friday, you go get them Sunday. Easy peasy.