Transportation

[Chimp]

Dear Soc,

In Indiana. I have been providing transportation to and from custodial mom's house for 9 y.o. daughter. Decree says nothing about transportation. Mom has moved twice in past 5 years and is preparing to move again. Each move is farther from me.

Parenting time guidelines adopted by state 4 years ago and requires transportation to be split evenly. Mom refuses to provide any transportation after I asked her if she would.

1. Can I write to her and let her know that on such and such a date, I will no longer be providing transportation at the end of visitation and she will need to pick up daughter at the end of my parenting time?

Thanks.


Chimp

[socrateaser]

>1. Can I write to her and let her know that on such and such a
>date, I will no longer be providing transportation at the end
>of visitation and she will need to pick up daughter at the end
>of my parenting time?

Write her and explain that you can no longer afford to bear the cost of transportation alone, and that if you cannot work out some amicable agreement by ??/??/??, that you will be forced to ask the court to make provisions, which based upon the parenting plan standards in your jurisdiction, will likely be a 50/50 proposition. Send her a copy of the guidelines and highlight the relevant sections.

If you just make a unilateral move, she will probably respond by refusing you visitation, and then you will have a different fight. If she forces you to court and you can show that you tried to settle this issue in a cooperative manner, then you can get the court to order her to pay your attorney fees and costs necessary to straighten out the issue.

[patton]

Just a little story on transportation.

When I was the NCP, I did all the transportation also (240 miles roundtrip EOW weekends).

When we went to court over this her attorney tried to make a big deal out of this that I had set a precedent.  The Judge asked me WHY I had done this, as there was not a stipulation in the court order specifically, just the state law.

I answered the Judge that at the time, my ex did not have reliable transportation and she did now and I did it as a courtesy to her.
(Attorney later told me I handled that beautifully)

Judge then asked ex if she did have transporation and she "bragged" about her new car she was driving.

Judge ruled NCP to pick up child and CP to go and retrieve child, that way if CP does not pick up child you are not in contempt of the order.

We have a lot more detailed in the new order on this, so if you go to court and would like the details let me know or PM me

[Chimp]

Thanks Soc and patton.

This next move will likely make it impossible to see my daughter during the midweek as most of the 2.5 hours alloted to me for midweek visits would be spent driving.  I'm not sure how to handle this or explain to my daughter why I won't be able to see her.

Thanks again.


Chimp

[backwardsbike]

If mom is moving so far away as to make the midweek visit impossible I would question whether this is visitation interference and maby you should be going to court.  It could only impore your chances, I think.  It is especially good that you tired to work it out between the tow of you and she refused.  Do you have emails or letters sent certified RR?