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Move-away question

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WittyUserName

Senior Member
What is the name of your state? Idaho

Still negotiating a visitation plan with my daughter's father. We were never married, Dad moved 600 miles away when she was an infant, daughter is now 6 yo and has lived her entire life in Idaho. Paternity was established and support orders have been in place since 2003. Custody and visitation never formally addressed, because Dad's visitation has only happened 3 weekends/year when he came to visit here.

Dad and I are now trying to work out a visitation plan, and have come up with a schedule we can agree on - Daughter will travel to his state of residence to see him every other Spring Break, every Thanksgiving, half of Christmas break (alternating each year), and Father's Day weekend. She'll also have a 4-week stay with him in the summer.

(Do I love the idea? No. It's unnerving. But this schedule is in line with what I've seen ordered in other states, and my understanding is that this is likely what Dad could successfully argue for anyway. So I'm taking my emotions out of the equation and getting behind a plan I’m hoping a judge would consider to be fair. I do indeed love my kid far more than I hate my ex, which is the best advice I've gotten yet.)

Now Dad is arguing that I should be responsible for half the transportation costs between my residence and his. Based on what I've seen time and again here on this forum (the one who creates the distance is generally responsible for travel expenses) I think this is unreasonable.

If in future I moved away to another state, and created additional distance, then I would be happy to share the cost with him. That's fair. But he unilaterally made the initial move knowing he had a daughter and that he was moving away from her.

Are there circumstances under which I might be ordered to pay for half these transportation costs?

Thanks for your help.
 


I'm not a laywer, so take my response for what it's worth. :p From what I've found in my research, typically the parent creating the distance is the one responsible for the transportation costs. That is, unless you agree to split the costs. It's the NCP's right to move, but not to force you to pay for his decision to create the distance. Again, I don't know Idaho law, but I'm sure if you Google it, you can find it :)
 
I'm not a lawyer, but from things posted on this board, her father will most likely be responsible for the costs, since he moved. However, don't assume that that will happen. I moved from my daughter (military relocation) and travel is 50/50. But, when I went to court, I assumed I'd be the one responsible paying for transportation, since I always have and I moved. I didn't ask for transportation to be split. But, it was ordered to be split.
 

Ohiogal

Queen Bee
Dad and I are now trying to work out a visitation plan, and have come up with a schedule we can agree on - Daughter will travel to his state of residence to see him every other Spring Break, every Thanksgiving, half of Christmas break (alternating each year), and Father's Day weekend. She'll also have a 4-week stay with him in the summer.

(Do I love the idea? No. It's unnerving. But this schedule is in line with what I've seen ordered in other states, and my understanding is that this is likely what Dad could successfully argue for anyway. So I'm taking my emotions out of the equation and getting behind a plan I’m hoping a judge would consider to be fair. I do indeed love my kid far more than I hate my ex, which is the best advice I've gotten yet.)


I applaud you!

Now Dad is arguing that I should be responsible for half the transportation costs between my residence and his. Based on what I've seen time and again here on this forum (the one who creates the distance is generally responsible for travel expenses) I think this is unreasonable.

Nope. He moved and created the distance. What you will be responsible for is transporting the child to and from the airport/train station/bus station/whatever and your home. You also have to be willing to work with dad on transportation schedules.


If in future I moved away to another state, and created additional distance, then I would be happy to share the cost with him. That's fair. But he unilaterally made the initial move knowing he had a daughter and that he was moving away from her.

Yep.

Are there circumstances under which I might be ordered to pay for half these transportation costs?

If he was moved due to being in the military you might.
 

WittyUserName

Senior Member
Not military

No, he's not in the military. He moved originally to go to school but I don't know that he's continued to go. (Not a share-er when it comes to his life.)
Last I heard he was working in some sort of banking/finance kind of job.

(And applause right back at you, OG. I actually have your tagline taped to my computer. You offer up amazing advice on this forum, whether or not it's well-received, and I for one appreciate your time and perspective.)
 

Ohiogal

Queen Bee
No, he's not in the military. He moved originally to go to school but I don't know that he's continued to go. (Not a share-er when it comes to his life.)
Last I heard he was working in some sort of banking/finance kind of job.

Well then he should be paying the majority of visitation.
(And applause right back at you, OG. I actually have your tagline taped to my computer. You offer up amazing advice on this forum, whether or not it's well-received, and I for one appreciate your time and perspective.)

Thanks. Again with compliments. My rep is going to go straight down the tubes and people are going to start thinking I am NICE! :mad:
 

ekimseliva

Junior Member
Curious

Sorry, I am somewhat in the same situation and am curious as to your final outcome. I helped my wife take our girls to Montana from Pa. to visit her family under pretense she was returning. She never did and it's been 3 years. I've been able to afford one visit and am going for my second next month. She says she won't let me see them though there's no order stopping me and we are still married. In the divorce decree she sent me, unsigned, she wants to split the cost of travel for summer visits in the future. But SHE took them out of state without my approval. Curious as to how your sit. plays out to use for my rebuttle.
 

WittyUserName

Senior Member
Hmm. My situation is quite different.

Dad and I were never married. That does seem to make a difference in terms of parent's legal rights.

He left when daughter was 3 months old, having never laid eyes on her. He did briefly show up when she got cancer but decided it was "a hassle" and "too much to deal with".

After six years of 3 weekend-per-year visits in our state of residence he's now asking for me to pay to send her to see him in a new state.

You might try a forum search under "move away", and get some different kinds of cases. It might help you find one more akin to yours.....
 

LdiJ

Senior Member
What is the name of your state? Idaho

Still negotiating a visitation plan with my daughter's father. We were never married, Dad moved 600 miles away when she was an infant, daughter is now 6 yo and has lived her entire life in Idaho. Paternity was established and support orders have been in place since 2003. Custody and visitation never formally addressed, because Dad's visitation has only happened 3 weekends/year when he came to visit here.

Dad and I are now trying to work out a visitation plan, and have come up with a schedule we can agree on - Daughter will travel to his state of residence to see him every other Spring Break, every Thanksgiving, half of Christmas break (alternating each year), and Father's Day weekend. She'll also have a 4-week stay with him in the summer.

(Do I love the idea? No. It's unnerving. But this schedule is in line with what I've seen ordered in other states, and my understanding is that this is likely what Dad could successfully argue for anyway. So I'm taking my emotions out of the equation and getting behind a plan I’m hoping a judge would consider to be fair. I do indeed love my kid far more than I hate my ex, which is the best advice I've gotten yet.)

Now Dad is arguing that I should be responsible for half the transportation costs between my residence and his. Based on what I've seen time and again here on this forum (the one who creates the distance is generally responsible for travel expenses) I think this is unreasonable.

If in future I moved away to another state, and created additional distance, then I would be happy to share the cost with him. That's fair. But he unilaterally made the initial move knowing he had a daughter and that he was moving away from her.

Are there circumstances under which I might be ordered to pay for half these transportation costs?

Thanks for your help.

I think that Thanksgiving should be every other Thanksgiving. I think that you will come to regret it if you give him every Thanksgiving. A judge would be more likely to give him every Spring Break, rather than every Thanksgiving.

He did create the distance and you are not wrong to stand your ground on the transportation issue. A judge might or might not order you to share in the costs, depending on the overall details/financial situation.
 

WittyUserName

Senior Member
Oh, yeah, the Quidditch team captaincy....

Thanks. Again with compliments. My rep is going to go straight down the tubes and people are going to start thinking I am NICE! :mad:


If you need a Beater, let me know. I could totally get my aggression out on a poor unsuspecting Bludger or two.
 

WittyUserName

Senior Member
Thanks, I'm holding firm...but politely, of course.

I think that Thanksgiving should be every other Thanksgiving. I think that you will come to regret it if you give him every Thanksgiving. A judge would be more likely to give him every Spring Break, rather than every Thanksgiving.

He did create the distance and you are not wrong to stand your ground on the transportation issue. A judge might or might not order you to share in the costs, depending on the overall details/financial situation.

I figured a judge would be likely to order for either every year SB or Thanksgiving vacation. Since daughter's birthday typically falls over Spring Break, I'll have an easier time letting go of Turkey Day.

(It is going to be hard, but hey, I could go to a fancy restaurant with other grownups and enjoy a lovely meal free of crayons and paper napkins. Could be a nice change... I may even get crazy and have an adult libation with dinner. When life hand you lemons, you may as well indulge in some vodka too, right?)
 

LdiJ

Senior Member
I figured a judge would be likely to order for either every year SB or Thanksgiving vacation. Since daughter's birthday typically falls over Spring Break, I'll have an easier time letting go of Turkey Day.

(It is going to be hard, but hey, I could go to a fancy restaurant with other grownups and enjoy a lovely meal free of crayons and paper napkins. Could be a nice change... I may even get crazy and have an adult libation with dinner. When life hand you lemons, you may as well indulge in some vodka too, right?)

Hey, if that works better for you, then go for it.
 

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