transportation between states/daycare

[wesawitbleed]

custody - transportation order from Ohio/daycare

What is the name of your state (only U.S. law)? Ohio

I live in the California with my daughter and her father lives in Ohio where the order is from. I am the residential parent. I live in Merced county, he lives in Clermont county.

Here is my dilemma...she will turn 5 in June and will be spending the entire summer with him as stated in our agreement. He will be purchasing a round trip ticket for himself when he flies out to California and a one way for her. At a later time he is going to purchase a one way plane ticket for her as an unaccompanied minor when she is to be returned to California. The quote below comes from our papers and is the closest thing that comes to talking about transportation.

"...Father shall be responsible for one-half of all transportation costs for child to and from California to Ohio as well as his own transportation costs associated with this agreed upon parenting time."

1.Would this be interpreted that he is responsible for getting her back to California and required to fly back with her? If he is responsible, with me residing in california how do I go about enforcing that he flies back with her to California? He will do what he wants until a court tells him otherwise.

2. lastly, there is nothing in the orders that covers daycare costs. just that he would have to pay 50% of any education or extra curricular. she is in daycare and he has failed to pick her up for his spring break week due to his reasoning that money is tight on his end. I am receiving subsidy day care thru a county program and they will not pay for the week he was to have her. would Ohio make him pay for the full or partial cost of daycare for the week he didn't get her? A modification request was sent by Merced county on april 2nd.

It would be less of a headache if I just submitted the papers to California but from what I've been told they would possibly alter the custody portion to go along the lines of what is standard with California. That could possibly be more of a financial burden on me as I'm only getting $50 a month in child support and on state assistance.

Any and all help is appreciate!What is the name of your state (only U.S. law)?

 

[Just Blue]

Refresh**************..OG thak a look at this.

OG is a FLA in Ohio.

 

[stealth2]

As I understand the language regarding transportation, YOU should be paying for her return ticket. At five, your daughter is actually old enough to fly UM, so Dad is free to choose not to accompany her back - he is accompanying her there so as to familiarize her with the process. It would be your choice to accompany her back.

Additionally, OH is where you would need to file anything - that is the originating state and holds continued jursidiction.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

I live in the California with my daughter and her father lives in Ohio where the order is from. I am the residential parent. I live in Merced county, he lives in Clermont county.

Here is my dilemma...she will turn 5 in June and will be spending the entire summer with him as stated in our agreement. He will be purchasing a round trip ticket for himself when he flies out to California and a one way for her. At a later time he is going to purchase a one way plane ticket for her as an unaccompanied minor when she is to be returned to California. The quote below comes from our papers and is the closest thing that comes to talking about transportation.


1.Would this be interpreted that he is responsible for getting her back to California and required to fly back with her? If he is responsible, with me residing in california how do I go about enforcing that he flies back with her to California? He will do what he wants until a court tells him otherwise.

He doesn't necessarily have to fly back to California with her IF he pays for -- and it is allowed -- her to fly unaccompanied minor.

2. lastly, there is nothing in the orders that covers daycare costs. just that he would have to pay 50% of any education or extra curricular. she is in daycare and he has failed to pick her up for his spring break week due to his reasoning that money is tight on his end. I am receiving subsidy day care thru a county program and they will not pay for the week he was to have her. would Ohio make him pay for the full or partial cost of daycare for the week he didn't get her? A modification request was sent by Merced county on april 2nd.

Unless the court order states daycare is to be paid by him, he doesn't have to pay ANYTHING.

It would be less of a headache if I just submitted the papers to California but from what I've been told they would possibly alter the custody portion to go along the lines of what is standard with California. That could possibly be more of a financial burden on me as I'm only getting $50 a month in child support and on state assistance.

California IS NOT able to take jurisdiction of this if dad fights it because dad still lives in Ohio and can fight to have Ohio retain jursdiction. But out of curiosity, what is wrong with standard visitation in California in your opinion?

 

[I'mTheFather]

Regarding the child care costs, per your post below, your reason for moving back to California was that you would have family who would help with child care. In fact, part of your reasoning below was that your ex could not afford to pay for child care. Why would you expect him to pay for it now?

https://forum.freeadvice.com/child-custody-visitation-37/ohio-leaving-state-child-528793.html

What is the name of your state (only U.S. law)? Ohio

Early January I ended the marriage. We have not filed for legal separation nor have one of us moved out. I'll try to keep this short. we moved from Cali to Ohio and do not have any help here.

We have a 3 year old together and I want to go back to California to go to college and to have family around that will be able and is willing to help me out. I've talked to her father and he is not happy but is allowing me to take our daughter to cali with me. There is no way he would be able to pay for daycare and there is nobody around that could watch her for free.

What I need to know is what can I do to protect myself by avoiding the courts. I don't want to have to wait for a month or longer for a court date as I'd like to move back before the weather gets bad. Would an agreement signed by both and notarized be sufficient enough?

 

[wesawitbleed]

imthefather:
Since my previous thread that was a long time ago.We had settled custody and child support in November 2011. As I stated there is nothing that goes over daycare costs and it isn't mentioned in the documents about any of my family watching her. Just that both parents have familial ties to the area and beneficial for our daughter. And circumstances change. I cannot get consistent child care from family and had to resort to putting her in daycare through a subsidy program that covers all the cost minus the time he is supposed to have her.

My reasoning for wanting him to cover the week of daycare is because he failed to fly out here to get her, thus putting a burden on me financially. He also changed his mind about letting me take her to cali and served me at the airport. In order to prevent a long and drawn out battle I suggested he pay $50 a month in child support and let me take her with me to Cali. He jumped on that in a heart beat. He claimed it wasn't about the money but he and his g/f had a baby due in November 2011 and it very much was so.

Ohiogal:
So pretty much from that quote I provided he is not responsible for having to fly back with her? I know my daughter and as it is she's afraid to use the restroom in new places if a person is not with her(to the point of having an accident) and is completely scared of men(I have no idea why- the only man in her life is her papa on her dads side and her dad in ohio). If I have no leg to stand on when it comes to him sending her on a plane as an UM am I required to pay half the cost of the fee required by the airline? I just don't think she is mentally there to fly on her own as an UM. This is why I want to make sure on who is required to bring her back to cali.

The cost of his transportation was mentioned in the documents, even though I know that had no bearing on determining the amount of $50, the documents state that it was an influential matter to alter the amount. Since he didn't burden himself with the cost of transportation it only seems logical that he pay for the week of daycare he was supposed to get her. If my logic is not the same as Ohio courts so be it.

I understand my ex can contest if I file for cali to retain jurisdiction. Mediation will be required and then the judge in cali will determine from there. I don't want to change jurisdiction if it is his responsibility to return her back to cali. If in fact it is my responsibility to bring her back to cali then I would for sure file to have cali retain jurisdiction as the standard custodial plan is like that.

Stealth2:
I understand I would have to file in Ohio. As it is the child support agency here in cali has just requested a modification, 4/2, with Ohio as I'm getting cash assistance and food stamps. Her father and I are to split her travel cost 50/50. There's more to the document that states I am to pay half of her travel cost. What I'm very unsure of is who is responsible to bring her back to cali. If that is clear in the quoted part I provided I'll figure out what next step I'll make. If i'll deal with it or fight to have cali take over.

 

[OHRoadwarrior]

If you have no access to family childcare and your income is so low you are getting food stamps and cash assistance, you should not be able to afford an attorney and should consider relocating back to Ohio, where dad is. Obviously, you only enjoy the facts that support your desires. The court in Ohio will take into consideration this, when you request to have things moved to CA.

 

[wesawitbleed]

If you have no access to family childcare and your income is so low you are getting food stamps and cash assistance, you should not be able to afford an attorney and should consider relocating back to Ohio, where dad is. Obviously, you only enjoy the facts that support your desires. The court in Ohio will take into consideration this, when you request to have things moved to CA.

You may have not said it out right but I know you are snubbing your nose at me. Why do you think it would be good to move back to where her dad is? Moving back would put me on the streets and in an even worse economic and living situation. All my family and the ex's family is in the town where I currently reside. My daughter would lose all established ties with both sides of grandparents. And before you respond, OHRoadwarrior, she sees his parents every other weekend. That is her family and I know those bonds are important for her well being. He has no other ties to Ohio except for his g/f, her son, and their newborn. As it is I'm taking full advantage of the services available to me through welfare to work and will be enrolling in a vocational accounting class in a few weeks through welfare to work so you're statement for me to move back is pointless. And never once did I say I would get a lawyer so do not "put words in my mouth". I do not need a lawyer to file a change of jurisdiction.

 

[Ohiogal]

You may have not said it out right but I know you are snubbing your nose at me. Why do you think it would be good to move back to where her dad is? Moving back would put me on the streets and in an even worse economic and living situation. All my family and the ex's family is in the town where I currently reside. My daughter would lose all established ties with both sides of grandparents. And before you respond, OHRoadwarrior, she sees his parents every other weekend. That is her family and I know those bonds are important for her well being. He has no other ties to Ohio except for his g/f, her son, and their newborn. As it is I'm taking full advantage of the services available to me through welfare to work and will be enrolling in a vocational accounting class in a few weeks through welfare to work so you're statement for me to move back is pointless. And never once did I say I would get a lawyer so do not "put words in my mouth". I do not need a lawyer to file a change of jurisdiction.

The grandparents are considered legal strangers. Quite frankly dad is the paramount relative in her life. And she also has a sibling in Ohio. And if you do not have a lawyer, do not expect to win a change of jurisdiction. Changing jurisdiction is not easy.

 

[stealth2]

Personally, I think you should be paying 100% of the transportation for visitation, since you created the distance. You're darned lucky that he has to pay half. So you need to suck it up and pay the other half. If you don't want her flying UM, then you should go and get her at the end of her time with her Dad. On your own dime.

I would be VERY surprised if you got a change of jurisdiction.