50-50 transportation / enforcing joint custody

[Aarah]

Dear Soc,

My ex-husband and I have court ordered joint custody of our 12 year old son, with my ex having physical custody.  We live in Kentucky and the custody agreement is nearly seven (7) years old.

When we divorced my ex retained our marital vehicle (along with the payments LOL).  Since I had no car, and we lived relatively close, he was willing to bring my son over for my visitation time.

In the past 12 months my ex has moved to another county and requires me to make the 45 minute drive in order to exercise my visitation rights.

There is nothing mentioned in our custody agreement stating who should drop off or pick up the child.

Because I had been unable to make the drive in the past I was denied my visitation, due to my vehicle being either in the shop or unsafe to drive (in my opinion). He simply will not budge on this.

Also, I am only given second hand knowledge of our son's appointments (doctor, dentist, counseling, etc.) and decisions that are supposed to be made jointly.  

I was not included in the decision to medicate our child for ADD, nor was I included in the decision for my ex-husband's move from the county where we divorced. I was told of the move two (2) hours before the moving van arrived.

He has begun treating our joint custody agreement as if he had sole custody.


1. Can our custody agreement be modified to include 50/50 transportation of the child, even if physical custody isn't the issue?

2. Again if custody isn't the issue, can my ex-husband be forced to consult me before these types of decisions are made?

Thank you, in advance, for any advice you might give.

God bless,
Amy

[socrateaser]

>1. Can our custody agreement be modified to include 50/50
>transportation of the child, even if physical custody isn't
>the issue?

Yes, you can file a motion for a clarification order on the issue.

>
>2. Again if custody isn't the issue, can my ex-husband be
>forced to consult me before these types of decisions are made?

Yes, if you can prove that he isn't consulting you as provided for in the orders. You probably should get a clarification order on this too, specifying exactly how major decisions should be made, so that if he continues to brush you aside, then you will have grounds for contempt.

A vague order about parental cooperation reads real pretty, but it won't provide grounds for a contempt order, so until you get very specific orders, as a practical matter, you cannot force your ex to cooperate.