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visitation

Started by dmpac, Dec 17, 2003, 04:41:25 AM

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dmpac

I recently moved from NY to FL.  My ex-wife is refusing to modify visitation or allow my 12 yr old daughter to fly down to see her family here in FL.  My 12 yr old is willing/wants to fly down.  I am willing to pay for the fare for the child,but can't afford the back/forth fares for me to go up/down the coast twice to pick her up every time I have visitation. I informed my ex-wife that the flight attendants would supervise my daughter,but she "does not want strangers to watch my daughter".  My ex-wife is being punitive and so can anyone recommend a recourse or a good NYC father's rights lawyer to help me get reasonable visitation? Thanks

MKx2

Since your ex is being somewhat uncooperative, I suspect that you will have to go back to court to modify the existing visitation.

Be sure when you do the modification that you are ABSOLUTELY specific regarding transportation, costs for same, and dates.

Additionally with regard to a 12 yo flying ... the rules for an unaccompanied minor seem to change slightly with each airline.  Most require that you pay extra for someone to meet the child at the departure/arrival gates -  upon arrival at destination the child will be released to a specified adult with appropriate identification.  They've gotten quite sticky about that.  Bear in mind that I think you must have the child on a non-stop flight (if there is one offered) and the arrival/departure times cannot be during the "off" hours, e.g. late at night or very early in the morning, as with a red eye flight.

If you click on this [A HREF=http://www.deltabravo.net/custody/attysearch.htm]PROFESSIONAL DIRECTORY[/A] it will take you to a page where you may be able to find an attorney for your state.

Good luck - I don't think it will be all that difficult to have your current order modified(as far as the courts are concerned).

MixedBag

I think first you need to see what your state's laws say about modifying your original decree based on the fact that you moved.  

Since it sounds like the EX is not being cooperative, you'll probably have to go to court to get stuff modified.

You also have the right idea about "unaccompanied minors" who fly by themselves.  In our family, our children (and there are 6) have been flying for the last 14 years all over the place.  We have never had a bad experience with any airline (knock on wood).

For the immediate timeframe, you're probably going to have to fly up, pick her up and then fly back south and then repeat this for your return trip.  Yes airline tickets can be expensive, but sometimes gasoline and time to get there and back is JUST as expensive.    And you're right, if the EX would cooperate, your expenses would go down tremendously.

Does your original divorce decree say anything about not taking her out of town or anything without the EX's permission?  If not, then go get her when you're allowed for the longer periods of time and work through the court to change the rest.

Hopefully you have a very good reason for moving so far away....

You also have a Private Message...


Kitty C.

The ONLY time a non-stop flight is mandated is if the child is 8 years old or younger.  BUT there can be ONLY ONE plane change for a UAM.

Our judge was the one who brought up the UAM flying and he ORDERED it.  This was also back in 1993, and kids fly ALL THE TIME by themselves.  Yes, 9/11 has changed a few things, but for the BETTER.  Airlines are mandated by the FAA to have STRICT guidelines regarding UAM's and heaven forbid they were to have something happen; the last thing they want is the wrath of the FAA and heavy fines, penalties, or law suits against them.

Given the miles considered, flying is the SAFEST way to transport a child long distance.  Check out all the airlines, gather the data, take it to your atty. and tell him/her that you demand it be included in the order. Your ex doesn't have a snowball's chance in h*** of dodging this one......
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Kitty C.

Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

MKx2

Thanks Kitty - I wasn't totally sure about the non-stop ... although I knew if I was wrong someone would tell me - LOL!

There are a couple of airlines that won't book an under 15 (or is it 14 or 16?) on anything but a non-stop - but that is the airlines preference.  Just ran into this last summer with YSD, but I can't remember which airline it was.  Darn ....