My joint parenting agreement doesn't provide for who transports the kids for visitation, and my ex-spouse just moved 30 minutes away. He wants me to s
Asked on Mar 07th, 2014 on Child Custody - New Jersey
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My joint parenting agreement doesn't provide for who transports the kids for visitation, and my ex-spouse just moved 30 minutes away. He wants me to shuttle the kids for visitation. Isn't this his responsibility? How likely is it that a court will make me do the driving?
I have seen your question.
My name is David Salvaggio. I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters. It's all we do.
Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.
Every case is evaluated on its own facts. The court's decision in your case would depend on the particular facts of your case.
That having been said, based on my many years of experience, I can tell you that most of the time, judges try to have the parents share the transportation responsibilities.
If you want a court to decide, a formal Motion would need to be prepared, filed and served on your behalf in the proper form and following all of the necessary procedures. Then, your ex-spouse would have to file and serve opposing papers. After that, reply papers would have to properly prepared, filed and served on your behalf. Finally, the court may require that everyone appear in court for oral argument of the Motion.
This process generates legal fees for lawyers like us. However, I try to focus first and foremost on what is in the CLIENT'S best interests, and I think that if it is possible to avoid the expense and trauma of litigation, it is clearly in the client's best interests. l
My suggestion is that you try to reach a compromise with your ex-spouse. Two possiblities are: (1) he drive one way and you drive the other way; or (2) you meet in the middle for both the drop off and the pick up.
Your question does not specify the town in which you live. My firm's offices are located in Morristown, NJ (Morris County).
If you have any questions, I am happy to have a brief personal phone call with you (at no charge). You can call our offices at any time of the day or night. Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.
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