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How do i get my childs father to pick her up elsewhere if i am moving

Lindenhurst, NY |

The court ordered visitation states one address for the pickup and drop off of my child. I am moving in two weeks and will only be an additional 5 minutes farther from him but in the opposite direction than i am now. My future ex says i have to keep the pickup and dropoff where it is. The court says it takes a month to change. Am i expected to drive 30 minutes to a place i no longer live just so he can pick her up until the court changes it?

Attorney Answers 4

Posted

Yes, absent agreement by Father, you should do the driving until the court changes the parenting plan. Good Luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

I have an order of protection against him for dv and do nir want to go to his location because i am afraid of what he might do

Posted

The court order must be followed unless both parties agree to deviate. That said, it is pretty ridiculous for your future ex to insist upon pick up/ drop off at the former residence when the current residence is just five minutes away. Because it such a ridiculous demand, I suggest you document it by sending a formal written request to change the pick up/ drop off to the new location by mutual agreement pending modification of the court order. If he refuses, you'll have proof of his intransigence, which may help persuade a court in your favor on matters in dispute. Good luck!

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Posted

Usually, in a divorce settlement agreemeent, there is a radous clause (stating how far within a certain mile radius residential custodial parent can move with the children without the other parent's consent or Court approval). If you are within that radius it is reasonable for your ex to pick the children up at the new address. However, in divorce settlement agreements there is usually an outlined process as to how much advanced notice you must give of auch a move. It would be best to consult with a matrimonial/family law attorney who can look at your divorce agreement and/or court order and give you an answer more in tune with the. actual wording thereof.

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Posted

Yes, until the order is changed or there is consent, failure to obey the order could result in your former spouse filing a petition to find you in violation/contempt for failure to have your child at the pick up or drop off location. When you go to court this time have the pick up/drop off designated as your residence without identifying a specific address so that next time you move, this doesn't happen.

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Posted

My daughter said her father was moving also and he mentioned to my sister that he was moving an extra 20 minutes away. Am i expected to give him extra " traveling time" because he moved yet he wouldnt travel an 3-5 minutes when i asked him

Maria C. Tebano

Maria C. Tebano

Posted

You are not expected to give him anything other than what is outlined in the custody order. The pick up/drop off location remains the same unless changed by court order or agreement and his time with your daughter is not extended by vitue of his move. Pick up/drop off time remains the same unless changed by court order or consent of the parties.