non-custodial parent moves out of state

There is no bright line test or statute which provides factors as to who is responsible for such travel costs. The court would hope that the parties would be able to negotiate a compromise but as in most cases this does not occur. If this issue was brought before the court it is likely that the Judge would order each party to mediation which in turn has a cost associated with each session. That cost may be a basis to just reach an agreement without the mediation. If mediation is attended where no agreement is reached and neither party has an attorney the court may first look to prior court orders for guidance. It would be rare for a court order on visitation to state who is responsible for travel costs thus the judge may require each party to complete financial affidavits per the county local rule/form. The court would have discretion to order one party pay for all travel cost associated with the additional travel, or that the parties split the costs. It would be my opinion that the court would look to the following - the distance of additional travel for the custodial parent, the ability of the custodial parent to make each ordered pick up and drop off time, the need to force a modification of the visitation dates due to the inability to meet the times, the basis of any prior order which provides for an unbalanced duty by one parent to travel more than the other. I think the court will not consider as a major factor the cost of gasoline for additional travel of less than 50 miles round trip because the cost of such travel in reality would only be about $10.00 to begin with. In my opinion if the custodial parent thinks he/she will be financially burdened by the additional travel one should consider filing a motion to modify the visitation schedule if no agreement can be reached to compensate for the additional costs prior to mediation.