I am involved in a child custody case with 2 small children, both under the age of 4. The exchanges have been taking place on a regular basis where one parent drives to the house to pick the kids up in the morning and then drops them back off in the evening on the days he has them. Now, he has moved an hour away...by his own choice and is now demanding that the other parent help in the child exchanges by driving that one hour distance to drop the boys off some of the times, rather than him always having to drive that distance to pick them up.
Now just on face value, this doesn't seem logical since it was by his own choice that he moved this distance away and it wasn't even a result of getting a better job. So what is the precedence in a case like this?
Judges are across the board on this. I have had judges make the moving person travel both ways, I have had judges have people meet in the middle (most common) and I have had them alternate transporting the full distance. It is really a case by case determination. Did he move for a job? Did he move to spite you? Did he move to live with family? or a girlfriend? Or does he have a wife that had to move for a job? The reason for these questions is sometimes the reason for the move is important to the Judge in making the decision who transports. Sorry I cannot give you a more definitive answer but the decisions are all over the place.
Michael is in San Jose, California and can be reached at 408-295-4232 or at [email protected] Consultation fees, rates and retainers vary based on need and ability to pay.
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