Who is responsible for transportation

[snapplegirl69]

I am the ncp and the cp lives almost 2 hours away from me.if i bring this to court to have cp meet me half way for visitation,is this an unreasonable request?I never lived in the same city as cp,i just met cp when I was in college in that city.long story short cp got pregnant and welfare took me to court 8 months later because cp didnt know who the father was.There is nothing in any court order to state who provides visitations.I have been doing it to see my child,but will not be working at the begining of next month,and due to high gas prices,cannot afford to keep going back and forth.cp states she doesnt have to and doesnt want to meet me half way.she is now on welfare and says she cant meet me at all.I read somewhere on this site the courts like both parents to make an effort with transportation.I know the moving parent is suppose to provide transportation most of the time,but what if they never lived in the same city to being with?Thank you

[socrateaser]

Since apparently neither you nor the other parent has much in the way of disposable assets or income with which to pay for transportation, the court will likely try to balance the burdens on both of you. However, if the court believes that this will result in the child being harmed by insufficient funds, the court will likely deny your request in favor of maintaining more resources for the child.

It's a tough call, based on your facts. But, if you make the effort to ask the court, you may get some additional benefit. You may be better of, as you apparently have no work, anyway, to move to where the child is located, and look for employment there.

[snapplegirl69]

State:MA
Court:Berkshire Family Probate

Without bringing this to court...If neither parent ever moved,who is legally suppose to be doing the driving?

[socrateaser]

>State:MA
>Court:Berkshire Family Probate
>
>Without bringing this to court...If neither parent ever
>moved,who is legally suppose to be doing the driving?

What is the EXACT text of your court orders re custody/parenting/visitation? Your court order controls the rights and duties of you and the other parent and the child.

[snapplegirl69]

Court order states:

Father has visitation everyother weekend from 10am on Saturday until Sunday at 5 pm.Nothing stated at all about transportation

[socrateaser]

>Court order states:
>
>Father has visitation everyother weekend from 10am on Saturday
>until Sunday at 5 pm.Nothing stated at all about
>transportation

What does the court order say about "custody" (joint, sole, physical, legal, etc.)? Exact words please.

[snapplegirl69]

Court order states father has joint legal custody

[socrateaser]

>Court order states father has joint legal custody

The court will look to what is "reasonable." Neither parent has a superior right, but the child's interests will cause the court to lean towards whatever it believes enhances the child's welfare. More than likely, as there is little money available for support, this will work to your disadvantage as the other parent is the primary caretaker.

Without bringing the issue before the court, there is no legal disposition of the transportation issue. Either of you can say or do whatever you wish. Example: if you drive to pick up the child and then when your parenting time is up, you call the other parent and state that the child is ready and waiting to be picked up, then there's nothing that the other parent can do to force you to bring the child back to her.

Having said this, if she were to call the police, depending upon local law enforcement policies, you could be arrested for custodial interference, even though you have done nothing wrong and the district attorney has no case against you. Where gray areas of law exist, as is the case in your circumstances, it's frequently difficult to ascertain in advance what law enforcement will do.

So, my advice is that you file a motion to clarify the existing court orders, so as to avoid having your life disrupted by a local sheriff deputy that enjoys exercising power.

You can demand that the other parent come half way, but if she doesn't show, there's nothing you can do about it without a court order. And, if you successfully impose your vision of justice on the other parent once, and cause her to drive, the next time, she may refuse to do anything, and you'll be looking for a court order to clarify your rights.

May as well get it sorted out now and without a battle of wills.