Child parenting time question and child support adjustment

Asked almost 2 years ago - Madison, NJ

Hi: FD case, 2 years old son, joint custody, parenting time established. mother has made very poor decisions regarding living and transporting conditions for my baby. I filed a motion to be discussed next month to become the primary custodian. Mother has decided to transport my son without a driver license. She blacked mail me saying if I take her to court she will move far from me, well she did. She moved 15 min away from me. Can I ask the court to adjust child support for extra transportation costs and also instead of giving me 2 hrs to give me overnights instead? It is clear that she made this move just to keep me away and continue being irresponsavel

Attorney answers (4)

  1. Yolanda Navarrete

    Pro

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . At the initial motion hearing you will need to show that there is a permanent change in circumstances affecting the well being of your son, that warrants a custody trial to determine his best interests. Be prepared to prove your allegations. Driving without a license is a major one, although it may have been present the first time the court filed the order.
    I would not mention the 15 minutes in relation to child support. This will make you look like saving money is a reason you may really want custody. You can say that she purposely moved with your child to punish you, as an example of her not having him in her best interests. If you cross this hurdle, the court will investigate both homes and should order a psych Eval of both of you. Good luck.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  2. Kimberly Pelkey Sdeo

    Contributor Level 11

    2

    Lawyers agree

    Answered . Has the court decided on the motion yet? If you were the party filing the initial motion, you have the opportunity to file a reply to any cross-motion or responsive certification that she filed. Custody and parenting time issues are decided in the child's best interests. Often times, absent any domestic violence issues, the parties are first referred to court provided mediation to try and work out an agreement.

    Mom moving 15 minutes away is unlikely to affect either party's ability to exercise parenting time and the increased transportation costs would be minimal. It would be unusual for the court to adjust child support for that reason.

    This response is not to be construed as legal advice and is provided for educational purposes only. This response... more
  3. Kenneth A White

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Any time you can establish a significant, permanent change of circumstances since the entry of the last Order addressing custody and parenting time was set you can file a Motion seeking an adjustment to the custody / parenting time plan. A party moving 15 minutes away is unlikely such a change of circumstance. However, if the other party's driving privledges have been taken away since the last Order that may be a relevant change of circumstances. Further, sometime the passage of enough time in and of itself will be sufficient, i.e. the court recognizes that parenting an infant is different than parenting a three (3) year old, and will generally modify a parenting time schedule that was entered when a child was an infant vs. asking for a new parenting time schedule when the child is older.

    Kenneth A. White, Esq.
    Shane and White, LLC
    732-819-9100

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  4. Michael Leo Potter

    Pro

    Contributor Level 19

    Answered . I concur. You need to get the advice of a competent Family Law attorney to protect not only your rights but the safety and living conditions of your child. Make the call today so that the attorney can have sufficient time to prepare for the motion and present the best case for you in court.

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