modification of visitation

[WillowTrees]

What is the name of your state? Texas

My husband divorced his first wife a couple of years back. Visitations for their three children were outlined in their divorce decree and consistent with the standard Texas divorce decree verbiage (i.e., every other weekend, etc.). After the divorce was finalized, my husbands ex-wife moved to Laredo, TX; We reside in San Antonio, TX.

The former wife cites we are responsible for picking up and returning the children to Laredo, TX every other weekend. However, this driving expectation seems unreasonable, since we reside in another city.

My question: Can we modifiy the Divorce decree, asking the mom/custodial parent to meet us half way during our travels? Or is this an unreasonable expectation?

 

[KKHeuser]

What is the name of your state? Texas

My husband divorced his first wife a couple of years back. Visitations for their three children were outlined in their divorce decree and consistent with the standard Texas divorce decree verbiage (i.e., every other weekend, etc.). After the divorce was finalized, my husbands ex-wife moved to Laredo, TX; We reside in San Antonio, TX.

The former wife cites we are responsible for picking up and returning the children to Laredo, TX every other weekend. However, this driving expectation seems unreasonable, since we reside in another city.

My question: Can we modifiy the Divorce decree, asking the mom/custodial parent to meet us half way during our travels? Or is this an unreasonable expectation?

My husband's divorce decree specifically states that visitation transportation is to be shared.. Every other weekend he picks the kids up on Friday and she's to pick them up on Sunday. Is there nothing like this in your husband's decree?

If not, then yes you can have it modified as she was the one who chose to move so far from the children's father it is not unreasonable that she share in transporting the children.

 

[WillowTrees]

Thank you so much for responding.

I thought it odd when she refused to meet us half way. And to answer your question, there is no verbiage in their divorce decree regarding meeting us half way during the weekend visitation. Probably 'cause she made no mention of moving away.

This past Thanksgiving and Christmas we were refused the children, despite the fact the divorce decreee said "even ending years, the non-custodial parent may have access to the children during the holidays."

By chance do you know if we can modify the visitations clause ourselves, or will we have to hire an attorney? If an attorney is necessary do you know the dollar range this will cost us?

 

[KKHeuser]

Thank you so much for responding.

I thought it odd when she refused to meet us half way. And to answer your question, there is no verbiage in their divorce decree regarding meeting us half way during the weekend visitation. Probably 'cause she made no mention of moving away.

This past Thanksgiving and Christmas we were refused the children, despite the fact the divorce decreee said "even ending years, the non-custodial parent may have access to the children during the holidays."

By chance do you know if we can modify the visitations clause ourselves, or will we have to hire an attorney? If an attorney is necessary do you know the dollar range this will cost us?

You're very welcome. Since I'm from Oh maybe it's a standard clause here. It should be standard everywhere. If it was your husband's year to have the children on these holiday's then his ex is in contempt and it may be wise to file contempt charges against her.

You can however, I do not recommend attempting to file on your own. It is always best to have counsel to represent you as they are more knowledgable about the system and how it works. An good attorney in your corner can better your odds greatly. As for cost, it varies on many levels and most won't discuss retainers unless you've gone in for a consultation. I wish I could be of more help to you.

 

[shawna maples]

Standard minimum possession in TX includes provisions for under 100 miles and over 100 miles apart. Also that should the managing conservator with the right of primary residence relocate from the original County after the rendition of the Orders the child shall be surrendured at the residence of the possessory conservator (and not at the managing conservator's)effective the date of the move.

The standard for holidays gives the ncp Thanksgiving break in Odd yrs, cp even yrs. Ncp first half of Christmas break until the day after Christmas in even, other half in odd yrs. These are irregardless of distance.

Ncp gets spring break in even yrs for under 100 miles apart, every spring break for more than 100 miles apart.

 

[LdiJ]

Thank you so much for responding.

I thought it odd when she refused to meet us half way. And to answer your question, there is no verbiage in their divorce decree regarding meeting us half way during the weekend visitation. Probably 'cause she made no mention of moving away.

This past Thanksgiving and Christmas we were refused the children, despite the fact the divorce decreee said "even ending years, the non-custodial parent may have access to the children during the holidays."

By chance do you know if we can modify the visitations clause ourselves, or will we have to hire an attorney? If an attorney is necessary do you know the dollar range this will cost us?

Not only do you need to get a modification to deal with the transportation issues, but you also really need to clarify the holiday schedule. If the current orders state "the non-custodial parent may have access to the children during the holidays"...then that is vague and open to interpretion.
There is a big difference between an order that reads "may have access to" and one that spells out a specific holiday schedule for each holiday.

Personally I would interpret "may have access to" as meaning that the ncp can see/talk to the children during the holidays, not that the ncp has specific parenting time/visitation during the holidays.