Want to change meeting point...

[BehindBlueEyes]

Just have a quick question....

Original case was heard in GA. I filed & gained custody of my daughter in Dec 2003.  Ex & I live 3 hrs apart.  We have a specific meeting point listed in our papers that was a halfway point between our residences.  Also states that if a change in place or time is necessary that the requesting parent must give 24 hrs notice.

My lawyer (who I can't trust anymore) told me that I can't file for any modifications for 2 years since I was the one who filed for the current modification that was awarded in Dec 2003.  

My ex will be moving at the end of the month.  He will be 35 miles closer to the meeting point now.  He's made a point to tell me that the distance is still the same but after looking it up on mapquest I saw there was the 35 mile difference.

This means that I will be driving 140 more miles in a weekend than he does.  With current gas prices & with all this driving putting wear & tear on the car I don't see that this is fair since we're supposed to meet halfway.  


Can I do anything to get this changed? I know that ex will not agree to it out of court.  But can I take it back to court since he is the one who moved and that puts the current meeting place not halfway anymore.

Thank you!

[DecentDad]

If you also move 35 miles closer, you'll be "even" again, and you won't need to bother the court.

Or, to really show him up, you can move 40 miles closer to the exchange point, and then he'll have to drive further.

Looking beyond YOUR needs, it's good that the child will spend a half hour less in the car for each exchange, no?

DD

[BehindBlueEyes]

Me moving is not an option!  There would be change of school districts, etc.  Not to mention we like it where we are and daughter is established w/ friends.  Why should I make her move and adjust all over again?

Lisa

[LizaLou1]

I could be wrong, but I think you missed the point.  What's more important, "being even" or your child being in the car less?

LizaLou

[MixedBag]

I too think you missed the "sarcasm" in his response.

Pick and choose your battles wisely -- and 35 miles in my opinion, isn't a wise battle to choose when you look at the bigger picture of things.

[socrateaser]

>Can I do anything to get this changed? I know that ex will not
>agree to it out of court.  But can I take it back to court
>since he is the one who moved and that puts the current
>meeting place not halfway anymore.

I don't know why you cannot return to court for two years -- it must be something specific in GA law or it's expressly written into your custody order. Your attorney may simply believe that this issue is di minimis, and that the court will view you as difficult.

From your facts, it appears that your circumstances are entirely unchanged by the other parent's move, because you're still driving the same distance. If the other parent had moved 35 miles farther away, would you have agreed to drive the additional 17.5 miles?

Food 4 thought.

[rachaelmomma]

Count your blessings.

We drive the entire distance both to and from every other weekend, our holidays, and our weeks not to mention parent teacher conferences, dance recitals, etc.  BTW that is 168 miles one way.  At least the NCP is driving part of the distance at all.

I too think that this may be viewed as petty in the eyes of the court.  Try to talk NCP into a differnt meeting point out of court or try to let it roll off of your back.

Good luck

[BehindBlueEyes]

It's more than just a distance issue.  This adds up a lot of wear & tear on my car.  It also costs money and with gas prices being what they are...that's an extra half a tank of gas extra that I'm driving every weekend.  That's money that's hard for me to scrap up.  I don't get child support from him on a regular basis.  It gets paid when he feels like it.

Although the state is finally stepping in & helping me w/ that & taking it out of his check.  But he still only pays $60 a week.  I still scrape by & barely make it week to week.  It would be nice to have that extra little bit to save on gas to go towards school clothes & supplies for my daughter instead of having to ask my mother to help buy them!  

Everyone has jumped on me about being petty about the 35 miles.  If that's the way they see it...that's fine.  They can judge me all they like.  But they don't know my whole situation.  I do choose my battles.  I've let a lot of the crap the ex pulls go because I don't see it as worth fighting over.  

And I think it makes me even more angry that the ex is lying about the driving distance.  He's saying there is no difference.  Had it only been 5 miles or so I wouldn't be here right now trying to get advice from socrates.  But that 35 miles adds up a lot faster than 5 miles.  

And yes...if the ex had moved further...I would have agreed to split the difference and drove further.  All I'm asking is that he do the same!