I have physical custody of my 2 daughters (8 &6). My x-husband has visitation every other weekend, 2 weeks in the summer, and alternate holidays. He lived is a town 1.5 hrs away and is now planing to move to a town in AZ . ( a distance of 10.5 hrs away. Our current parenting plan states that I deliver the girls to his parents home on Friday @ 6pm, He returns them to me Sunday @ 6. Will I still be required to deliver the girls to his parents home if he is not there or will I have to travel every other weekend to AZ?
No. Because he is moving out of state, the two of you are going to need to revise the parenting plan agreement. The every other weekend situation simply will not work. The kids will be in the car all of the time and have no quality time with either of you. No judge would be in favor of that. It will likely be that he will get more time during the summer months and on breaks/vacations. I would talk with a family law attorney in the Montrose are to discuss what might be a reasonable plan to suggest to your ex. The attorney will know the judge's positions on this type of issue.
Divorce / Separation Lawyer
I agree with Mr. Leroi's answer. He has given you excellent advise. The parenting plan needs to be modified to be consistent with the children's best interests. It might be that your ex husband will need to travel to Montrose to see the girls regularly as two young children should not be in a car for 10.5 hours every other Friday and Sunday. That is not a quality situation. If the girls are in school on a track schedule, this often provides better quality parenting time for parents who live at a distance from one another. Otherwise, parenting time might occur on half of winter break, every other fall and spring break, every other Thanksgiving and some 3 or 4 day weekends. It is very important to get a new schedule approved by the court.
If you do nothing you may be required to drive to Arizona. However, the change gives you grounds to ask the court to modify parenting time. If you and your ex can sit down and work this out rationally together, you can file a stipulation asking the court to approve a reasonable change. If you cannot agree, you can file a motion asking the court to modify the parenting time schedule. Every other weekend may not be appropriate with that type of travel requirement.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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