She moved in April over four hours away to live with her boyfriend and has never paid any child support and hasn't worked much since she has been there. The court awarded my husband sole custody and has given her 30 days to get a job to establish shild support. Can he be made to meet her half way every other weekend? This would equate to 5 hours travel after work on Friday and 5 hours travel on Sunday. We would never put ourselves in a position to have to travel like that as my husband has had back surgery and has back problems if he is in a car too long. I have a eleven year old and we have a 3 year old together. We both work full time and feel this was her choice to do this and it is her responsibility to do the traveling. We would never leave our children like that. This is her only child.
2007-08-11 07:13:03 · 17 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
She moved..its her sole responsibility to travel...get a lawyer to put it in writing.
2007-08-11 07:15:52 · answer #1 · answered by Mom of 2 5 · 0⤊ 0⤋
First of all you need to get it out of your head that child support is payment for visitation. It is NOT. COURT ordered visitation is so that the custodial parent can NOT keep the non-custodial parent from seeing the child. Support has NOTHING to do with visitation. Yes he CAN be made to meet her half way if there is a court order of visitation. She has the right to spend time with HER child whether you like it or not. She also has the right to sue you in court if YOU do not comply with the visitation order. Visitation is NOT for the adults convenience it is for the CHILD. It is this Child's father's responsibility to make sure his child has time with his mother.
2007-08-11 07:57:46 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It would be in the interest of the child to be able to see his mother, even if you consider his mother is not worthy she is still his birth mother. When my ex moved 5 hours away I was not pleased with the traveling but I did the traveling half way as many time as I could so she could keep on seeing her dad, eventually her dad moved in our city.
2007-08-11 07:30:30 · answer #3 · answered by Jane Marple 7 · 1⤊ 0⤋
Well I do think the three of you should think of something. I don't know why she moved maybe she wanted to be in a better area, with more jobs so she can have a better chance of getting one. I don't know, but I don't think she shouldn't have to move because her son is in one location, but I think you could drive to her house one week and she can do the driving the next week or you can meet half way. If you go to court that is what the judge will probably decide.
2007-08-11 07:30:38 · answer #4 · answered by dreamee 5 · 0⤊ 1⤋
Hi. Terrific question. My husband is an attorney here in Florida and his practice is entirely Family Law, so I know exactly where you are coming from.
I AGREE with you & your husband. IF your husband's ex wife moved on her own...then she should be TOTALLY responsible for the drive, especially given the "medical circumstances & job related circumstances".....
I would have your husband contact his attorney and let his attorney know exactly what his ex-wife wants him to do.
SINCE his ex-wife has only this ONE CHILD and you both have two very young children together....I don't see any problem with your husband exerting HIS RIGHTS as a FATHER OF THREE & HUSBAND to you, to go out of his way to bring "her ONLY child 1/2 back and forth."
SINCE HE WAS AWARDED CUSTODY OF THIS SAME CHILD...THEN THE COURT MUST HAVE SEEN BOTH YOU AND YOUR HUSBAND AS A BETTER PLACE FOR THIS CHILD TO BE & BE TAKEN CARE OF.
AGAIN, TO CLARIFY :
*THE COURT AWARDED YOUR HUSBAND SOLE CUSTODY OF THIS CHILD.
* THE MOM IS NOT MAKING ANY CHILD SUPPORT PAYMENTS.
* THIS WOULD HARM YOUR HUSBAND'S MEDICAL CONDITION (his BACK) AND CAUSE HIM TO POSSIBLY LOSE TIME FROM WORK....A POSITION HE CERTAINLY WOULD NOT WANT TO BE IN FOR THE SAKE OF HIS FAMILY INCLUDING YOU & THE KIDS.
* SHE SHOULD BE GRANTED VISITATION RIGHTS AND SEE THE CHILD ON HER OWN ACCORD.
My husband handles things like this all the time, so I truly hope this helps. I will keep you all in our prayers.
Good luck and please call the attorney on Monday to get your husband the help he needs before the ex gets this "out of control".
Many blessings, Patti
2007-08-11 07:29:45 · answer #5 · answered by Patti 5 · 2⤊ 0⤋
With all of these complications which he has make sure it is made known to the judge of the inconvenience she has caused. She has moved so it is her issue to travel. Usually the child must be made available.
The issues on how the child gets to see the noncustodial parent are discussed before it becomes concrete. Make sure your lawyer is privy to all of this information.
Many times the individual who has moved is forced to be closer or depending upon the age of the child they are sent alone on public transportation (by train, plane, or bus) depending upon the location. Or a representative of the court is assigned to travel the distance with the child so as no contact is made with the two parents.
I wish you the best with your situation.
2007-08-11 07:23:55 · answer #6 · answered by Flourqueen 3 · 1⤊ 1⤋
It is the responsibility of the parent exercising visitation to pick the child up UNLESS the distance between the two homes is more that 100 miles- in that case they are required to meet half way.
2007-08-11 08:06:22 · answer #7 · answered by Anonymous · 1⤊ 0⤋
It's visitation, not transportation. The parent that has custody, isn't obligated to bring the child half way, or anywhere at all, unless that obligation is spelled out specifically, in the visitation order. Otherwise, let his ex do the driving. She chose to move away. It's up to her to worry about transportation.
2007-08-11 07:56:03 · answer #8 · answered by Anonymous · 2⤊ 0⤋
You husband may have sole custody but that does not mean the mother has signed over her parental rights . You have to find out if she signed over her rights if she did then yes you can adopt him with out her consent...Once she signs over her rights she loose all rights to the child.
2016-04-01 04:40:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
In theory yes, but it would have to be court ordered and if the mother has no custody and she was the one who moved, this is very unlikely.
2007-08-11 07:25:04 · answer #10 · answered by John B 7 · 0⤊ 0⤋