Apr 19, 2020

What are the odds that a motion to modify transportation for visitation will be won in family court?

Troy Staton: Highly unlikely. BTW, the affair has nothing to do with the transportation of off spring. The court will look at it as your option as where to live.

Luther Plagmann: You chose where to live; it's not her fault. Why are you whining about her affair? That might've hurt your husband, but it's none of your business.

Renita Sefton: The chances of winning are probably not very good. If he (and you) moved away, the judge will first ask the reason. A better job is a good reason, but "not finding a home you can afford" is not.Therefore, the judge will see this as YOUR problem, not hers, and is unfavorable to do anything, except tell your husband to meet his visitation committments at his own expense.However, in favor of the children, the judge MIGHT order her to meet halfway, but your husband has to cover her transportation expenses, possibly at a court-ordered rate, like maybe $0.50-a-mile round trip, twice.Yeah, he COULD be wasting his time in court! . But it is certain that he is wasting his time now, arguing with her. So it couldn't get any worse, and it MIGHT get better.Child visitaiton is handled COMPLETELY separately from the divorce. It doesn't matter what SHE did -- it has no bearing on visitation transportation arrangements. if she didn;t move, then she is not responsible....Show more

Jorge Gerrero: In a lot of states it is the responsibility of the parent exercising visitation to provide transportation. If she has sole custody and he only has visitation then it will be his responsibility to pick up and drop off. If they have joint custody then each parent will have to pick up from the other parent's house.Now, for circumstances where they live 100+ miles apart they are equally responsible for transportation. This means that they either meet half way, or one parent will have to reimburse the other for transportation expenses, etc....Show more

Chet Nozick: We were told, by our lawyer when we we! re thinking about changing our transportation agreement, unles! s she can claim she has an unreliable vehicle, that in most cases they will split transportation.

Houston Venezia: The judge will make it fair so they could meet in the middle. It is done all the time usually when the divorce is filed.

Adam Momaya: Courts usually take in to consideration the reasons for modifications to court orders. It is worth a try.

Seema Hosfeld: It depends on her truthfully. But, you may want to take it back to court and see. Then it depends on the judge.

Aubrey Tirri: I would ask that he pick up for his visitation and she retrieve them or compromise with the half way point idea. You might not get that because of your decision to move but it really wouldn't hurt the two of the to compromise a little and hopefully the judge will see it that way. Besides what's two hours of your time compared to not seeing your children at all anyway? Just use it as time to bond with the kids on the commute. Drop the affair thing, that has not! hing to do with the kids. Besides you weren't there, you don't know what all went on....Show more

Coleen Carignan: I think it's likely depending on the judge. Our agreement states that one to pick up that the receiving party will do the transporting and I Know that my ex's new wife meets her ex half way. If it is a hardship and the judge sees that he cares enough it will have no problem changing it.

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