Visitation transpertation after out of state move

[sbaldwin]

My ex and I were divorced in TX in 1999. We have joint custody with her having the exclusive right to determine the residence of the child. I have always documented every visit as well as every denied visit.

I found a note from a friend of my son's asking "why are you moving to Florida?" I asked my son about the move and he said he wasn't supposed to tell me, but they are in fact moving at the end of the school semester. (Dec.) Mom's boyfriend is from Florida and apparently can't find a good job in TX so he wants to go back to Florida.

My son, who is now 16, told me that he wants to continue to live with his mother.

I am afraid that if she is ordered to pay for the transportation, She will refuse. I had to file a Motion to Enforce in 2003 because she refused to reimburse me for uninsured medical expenses for our child.

My questions:

1. Should my ex be responsible for paying travel expenses since she is creating the distance?

2. If the answer to question 1 is yes, could my child support be modified to cover the expenses and then me just pay for the transportation?

3. I know I need to file a Motion to Modify, but can you please tell me exactly what this form would be called?


Thank you!!

[socrateaser]

>My questions:
>
>1. Should my ex be responsible for paying travel expenses
>since she is creating the distance?

The operative question is "will" the court order your ex to pay? I'd say yes, but the other question is, for how many visits? Obviously, a large number of visits could quickly overwhelm any possible child support benefit. I'd raise the issue now, so that there's no misunderstandings later. A note to your ex stating, that you understand that she intends to move to FL in December and that you'd "like to try to iron out the details of visitation now, so as to avoid a courtroom battle later," seems in order here.

>2. If the answer to question 1 is yes, could my child support
>be modified to cover the expenses and then me just pay for the
>transportation?

Depends on the jurisdiction, and I don't know TX law in this area. In CA, child support is usually reduced to cover expected transport costs, but it can also be ordered paid as incurred. There's no general rule.

>3. I know I need to file a Motion to Modify, but can you
>please tell me exactly what this form would be called?

If all you want is for transportation to be paid for, this is actually a motion to modify child support, because transportation costs are in the nature of support, even though the actual details of the transportation are a custody/parenting time issue.

[sbaldwin]

I actually received a letter yesterday notifying me of the move, which will take place on Dec. 19.

Here is an excerpt from the letter I plan to send:

According to Family Code 156.103 (see attached copy),  I will be filing a motion with the court to ensure that since you are choosing to move away, you will be responsible for payment of the increased expenses associated with my visitation time with (Child).
I have the standard visitation rights for parents that reside over 100 miles apart which is also enclosed in this letter. I will see (Child) each month, as well as all specified holidays and during the summer.
If you agree to incur all costs for these visits, I will have the correct legal forms drawn up to modify the existing order, saving us both a lot of time and money. However, if you refuse these terms, I will have to take this matter to court, because I will not let your decision to move to another state interfere with my time with (Child).
Please let me know within 5 days from receiving of this letter what your decision is. If I do not hear from you within the allotted time, I will assume that you have chose to go through the courts, and I will file the required motion to get the legal process started.


1. Do you think this letter is too harsh, and if so, what changes do you feel should be made?

[socrateaser]

>1. Do you think this letter is too harsh, and if so, what
>changes do you feel should be made?

It's borderline, but you say that this is an excerpt, so I can't really evaluate it for a reaction in an incomplete state.

[sbaldwin]

Here is the whole thing. :)


Mailed via regular and certified mail # XXXXXXX
Re: Relocation
Date: October 18, 2005

XXXXXXX,

I am writing in regards to your letter dated October 14, 2005 regarding relocation of residence and domicile.
According to Family Code 156.103 (see attached copy),  I will be filing a motion with the court to ensure that since you are choosing to move away, you will be responsible for payment of the increased expenses associated with my visitation time with (Child).
I have the standard visitation rights for parents that reside over 100 miles apart which is also enclosed in this letter. I will see (Child) each month, as well as all specified holidays and during the summer.
If you agree to incur all costs for these visits, I will have the correct legal forms drawn up to modify the existing order, saving us both a lot of time and money. However, if you refuse these terms, I will have to take this matter to court, because I will not let your decision to move to another state interfere with my time with (Child).
Please let me know within 5 days from receiving this letter what your decision is. If I do not hear from you within the allotted time, I will assume that you have chose to go through the courts, and I will file the required motion to get the legal process started.



XXXXXX



CC: XXXXX County Court Clerk

[socrateaser]

>Here is the whole thing. :)
>
>
>Mailed via regular and certified mail # XXXXXXX
>Re: Relocation
>Date: October 18, 2005
>
>XXXXXXX,
>
>I am in receipt of your letter dated October 14, 2005
>regarding relocation of residence and domicile.
>Your letter does not address any of our child's interests related to maintaining his relationship with me. I suggest, under the circumstances, that we enter into a stipulated order modifying custody and child support such that we will change to the "standard" plan for parenting where parents are greater than 100 miles apart. Also, I think it's only fair that you be financially responsible for any of the reasonable additional transportation costs associated with my continued exercise of parenting.

I would appreciate a response to my proposal by ??/??/????. If I do not hear from you by that date, I will file a motion asking that the family court resolve this matter, which will result in unnecessary expenses for both of us.

Thanks in advance,

Sincerely,
>
>XXXXXX

[sbaldwin]

Sounds much better! Thank you so much!!!:)

[sbaldwin]

"A note to your ex stating, that you understand that she intends to move to FL in December and that you'd "like to try to iron out the details of visitation now, so as to avoid a courtroom battle later," seems in order here. "

I mailed the letter and requested that she respond by October 25. Since she has not even accepted the certified letter yet, I am fairly certain she has no plan to respond. I do send every letter via regular and certified mail because of her sporadic acceptance of my certified letters. I also mailed a copy to the court clerk.

Questions:

1. If she indeed does not respond, what is the exact motion that I need to file?

2. Should this be a fairly easy form to obtain?

Thank you!

[socrateaser]

>Questions:
>
>1. If she indeed does not respond, what is the exact motion
>that I need to file?

I don't know TX procedure. In some jurisdictions, it would be a motion objecting to parental relocation of minor child. It could also be a motion for a restraining order re minor child relocation. You cited the statute that supposedly provides protection. I've nerver read it, but I would think it should give you a clue on what to file.

>2. Should this be a fairly easy form to obtain?

I don't know. You'll have to check with the courthouse to see what's available. TX courts don't keep much useful stuff online, in my experience.

[sbaldwin]

"A note to your ex stating, that you understand that she intends to move to FL in December and that you'd "like to try to iron out the details of visitation now, so as to avoid a courtroom battle later," seems in order here. "

I mailed the letter and requested that she respond by October 25. Since she has not even accepted the certified letter yet, I am fairly certain she has no plan to respond. I do send every letter via regular and certified mail because of her sporadic acceptance of my certified letters. I also mailed a copy to the court clerk.

Questions:

1. If she indeed does not respond, what is the exact motion that I need to file?

2. Should this be a fairly easy form to obtain?

Thank you!

[socrateaser]

>Questions:
>
>1. If she indeed does not respond, what is the exact motion
>that I need to file?

I don't know TX procedure. In some jurisdictions, it would be a motion objecting to parental relocation of minor child. It could also be a motion for a restraining order re minor child relocation. You cited the statute that supposedly provides protection. I've nerver read it, but I would think it should give you a clue on what to file.

>2. Should this be a fairly easy form to obtain?

I don't know. You'll have to check with the courthouse to see what's available. TX courts don't keep much useful stuff online, in my experience.

[sbaldwin]

§ 156.103.  INCREASED EXPENSES BECAUSE OF CHANGE OF RESIDENCE.  
            (a)  If a change of residence results in increased
expenses for a party having possession of or access to a child, the
court may render appropriate orders to allocate those increased
expenses on a fair and equitable basis, taking into account the
cause of the increased expenses and the best interest of the child.
   (b)  The payment of increased expenses by the party whose
residence is changed is rebuttably presumed to be in the best
interest of the child.
   (c)  The court may render an order without regard to whether
another change in the terms and conditions for the possession of or
access to the child is made.

I'm not sure if this helps you or not. What I want to be addressed is who is responsible for the travel expenses once the move is complete.

1. Does this give you any better idea of what I'll need at all?

Thank you, and if you're unsure of the answer to my question, I understand.

[socrateaser]

>§ 156.103.  INCREASED EXPENSES BECAUSE OF CHANGE OF
>RESIDENCE.  
>            (a)  If a change of residence results in increased
>
>expenses for a party having possession of or access to a
>child, the
>court may render appropriate orders to allocate those
>increased
>expenses on a fair and equitable basis, taking into account
>the
>cause of the increased expenses and the best interest of the
>child.
>   (b)  The payment of increased expenses by the party whose
>residence is changed is rebuttably presumed to be in the best
>
>interest of the child.
>   (c)  The court may render an order without regard to whether
>
>another change in the terms and conditions for the possession
>of or
>access to the child is made.
>
>I'm not sure if this helps you or not. What I want to be
>addressed is who is responsible for the travel expenses once
>the move is complete.
>
>1. Does this give you any better idea of what I'll need at
>all?

If there is a "form" published by the TX courts, it is not available online, so you will have to visit the family court to see what they may have available. If not, then I would write something like this (following assumes that you are the original respondent in the case):

"Motion for change of Parenting Plan and for Reallocation of Transportation Expenses"

Respondent, YOURNAME, in propria persona, hereby appears and moves that the court enter the attached parenting plan (Exhibit #1), and reallocate the parties' obligation for transportation expenses incident to Respondent's exercise of parenting time, on grounds that Petitioner intends to relocate the parties' minor child(ren) to COUNTY, STATE, on ??/??/????.

Respondent specifically requests that, pursuant to Texas Statute 156.103, that the court reduce Respondent's child support obligation by $X per month in order to compensate for the reasonable cost of air transportation consistent with entry of the above-referenced modified parenting plan, and for other orders as the court deems just.

State of TEXAS, County of COUNTYNAME) ss.

In support of the above motion, I, YOURNAME, after first being duly sworn, do hereby depose as follows:

1. That I am the Respondent in the above-entitled action, and if called upon, I could testify to the matters set forth herein of my own personal knowledge:

2. On ??/??/????, I received a letter from Petitioner, stating her intention to relocate with our minor child to COUNTY, STATE, on ??/??/???? (see letter, Exhibit #2).

3. On ??/??/????, I contacted Petitioner and asked if she would enter into a stipulated order substantially in accordance with my requests in this attached motion -- to which Petitioner ________ (didn't respond, rejected my proposal, etc.).

4. I believe that establishment of the attached "standard" parenting plan (Exhibit #1) is in the best interests of my and Petitioner's minor child, and that it is equitable that Petitioner pay the substantially increased cost of transportation incident to my continuing to excise a reasonable parent-child relationship during our child(ren)'s minority.

5. I have obtained proposed air travel itinerary from a reputable travel booking company, showing that a reasonable estimate of round trip airfare for our minor child(ren) between _____ and ____ airports is currently $???.?? (see attached proposed itinerary, Exhibit #3).

6. Therefore, I believe, that as Petitioner's move will be the direct cause of this otherwise unnecessary transportation expense, that Petitioner should solely bear its cost, either through a reduction in my ongoing monthly child support obligation, or by an order directing her to pay the reasonable transportation costs associated with my continued exercise of parenting.

Dated this _____ day of ______, 2005

By: ____________
YOURNAME
Respondent, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACT FONE

Subscribed and sworn to, before me, this _____ day of ______, 2005

By:_______________
Notary Public
My commission expires: ________

_________________________________

[sbaldwin]

.

[socrateaser]

But, I read it. Below is a modified version of the previous motion, that only refers to the transportation costs:

Motion for  Reallocation of Transportation Expenses

Respondent, YOURNAME, in propria persona, hereby appears and moves that the court reallocate the parties' obligation for transportation expenses incident to Respondent's exercise of parenting time, on grounds that Petitioner intends to relocate the parties' minor child(ren) to COUNTY, STATE, on ??/??/????.

Respondent specifically requests that, pursuant to Texas Statute 156.103, that the court reduce Respondent's child support obligation by $X per month in order to compensate for the reasonable cost of air transportation consistent with entry of the above-referenced modified parenting plan, and for other orders as the court deems just.

State of TEXAS, County of COUNTYNAME) ss.

In support of the above motion, I, YOURNAME, after first being duly sworn, do hereby depose as follows:

1. That I am the Respondent in the above-entitled action, and if called upon, I could testify to the matters set forth herein of my own personal knowledge:

2. On ??/??/????, I received a letter from Petitioner, stating her intention to relocate with our minor child to COUNTY, STATE, on ??/??/???? (see letter, Exhibit #2).

3. On ??/??/????, I contacted Petitioner and asked if she would enter into a stipulated order substantially in accordance with my requests in the above motion -- to which Petitioner ________ (didn't respond, rejected my proposal, etc.).

4. I believe that it is equitable that Petitioner pay the substantially increased cost of transportation incident to my continuing to excise a reasonable parent-child relationship during our child(ren)'s minority.

5. I have obtained proposed air travel itinerary from a reputable travel booking company, showing that a reasonable estimate of round trip airfare for our minor child(ren) between _____ and ____ airports is currently $???.?? (see attached proposed itinerary, Exhibit #3).

6. Therefore, I believe, that as Petitioner's move will be the direct cause of this otherwise unnecessary transportation expense, that Petitioner should solely bear its cost, either through a reduction in my ongoing monthly child support obligation, or by an order directing her to pay the reasonable transportation costs associated with my continued exercise of parenting.

Dated this _____ day of ______, 2005

By: ____________
YOURNAME
Respondent, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACT FONE

Subscribed and sworn to, before me, this _____ day of ______, 2005

By:_______________
Notary Public
My commission expires: ________

_________________________________

[sbaldwin]

:)
1. So, in your opinion, I do not need to address the visitation schedule?

I just want to make sure I understand correctly. ;)
Thanks again!!

[socrateaser]

>:)
>1. So, in your opinion, I do not need to address the
>visitation schedule?

You say that you already have the standard schedule ordered as part of your original parenting plan, therefore there's nothing to change, if you're satisfied with the existing schedule.

All that's left then is to reallocate transportation costs.

[sbaldwin]

.