SPARC Forums

I share legal custody of my two daughters with my ex-wife.  I have a court date of 2/22 to modify our parenting plan.  Our original divorce specify nothing except Christmas and Christmas eve and she's been increasing difficult to deal with the last couple years.  In court I will have an attorney, at this point she will not.

One issue I hope to resolve is who drives the kids back and forth between residences.  Since we split, I have done all of the driving.  Originally because she did not have a car and then because she refused.  We live 40 miles apart.

My ex works part time at a fast food restaurant.  She is able to work her schedule to her advantage for many occasions.  However, she's using her work as an excuse to not help with the driving.  She has also used the excuse that she can't afford the gas money.

I'm asking for us to meet ½ way for the pick up and drop off for weekend and holiday visits.  I will continue to do all the driving for weekday visits.  

Questions:
1.  Will the court consider a part time job reason enough for her not to drive?  I know you can't predict what a judge will rule.  Just looking for an opinion.

>Questions:
>1.  Will the court consider a part time job reason enough for
>her not to drive?  I know you can't predict what a judge will
>rule.  Just looking for an opinion.

If your original orders didn't specify transportation orders incident to change of parenting, then you have a case. Otherwise, you don't, unless your attorney commands considerable respect from the judge in your case, sufficient for him/her to consider the change.