Divorce : I have permanent joint legal and joint physical custody but Judge gave move-away and advised I should have maximum physical custody (ex-spouse who left state with children). My ex-spouse makes $14K/mo vs I am under public assistance with temporary disability. Children and I miss each other. Under protest, my ex-spouse sends children during all breaks and pays for their flight by court order for breaks. I could go visit my children out-of-state a week in a monthly basis but I cannot afford to visit and Court refused to give me flight, hotel, costs at trial when we have $14K/mo vs $400/mo(me). My economic situation, low income, preventing best-interest of children. What case laws help and I feel this like kidnapping children from me due to economic basis. . too. Thank You
Assuming the Judge has already considered child support and spousal support when he ordered your X to pay for the flights for visitation, it is unlikely he is going to order your X to pay for your costs to visit. I know of no case law that provides for this. The court already refused your request. I do not believe you will change the Judge's mind on this issue.
Were you disabled and on public assistance at the time the child support order was made? If not and this is a new circumstance, you may be eligible for an adjustment for the duration of your disability. If you were disabled and on public assistance at the time of the original order, it is not likely that the judge will change his mind. Please consider alternative ways to visit with your children, such as Skype, emails, test messages, phone calls, letters, cards as a way to remain active in their daily lives when you can't be with them.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline