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my ex and I have split custody and she currently lives three hours away, for about 2 years now I have be doing all of the driving. at first it was because she didn't have a car then when she got a car she claimed she didn't have gas money, now that she has a job she is telling me that her car won't make that long of a drive. my question is if i pick up my son on friday and then tell her that on monday she can come to my house to get him if not he can stay there and that i am no longer going to be doing all of the driving and only half of it. would i be in violation of anything? could i legally speaking do that? or would she be able to call the police and force me to drive him home.
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Hello-
It depends what the court order says regarding visitation. If it is silent, there is no court order so you could not be in violation. Pull it out and look at it. If you are required to do all the driving both ways, you may want to consider going back to court to modify the transportation order. However, beware of returning to court. It is often a can of worms with unintended consequences. You may take Mom back to court for a different transportation arrangement and end up with a court order requiring you to pay a substantially higher amount of support because Mom filed a request to modify support in response to your paperwork.
Answered on Feb 08th, 2016 at 5:14 PM