During our divorce, my ex husband relocated two hours away from where we lived (and I still reside with our daughter). We settled on all matters of our divorce EXCEPT the exchange location. He requested I meet him half way, I declined and it went before the Supreme Court judge handling our divorce, who ordered I drive half way, stating it is my responsibility to foster my daughters relationship with her father. There is a massive disparity (40k for me vs 200k for him) in incomes. I have one vehicle which I lease (prior to knowledge of his relocation) and he has shown up in 7 different cars. Sometimes he doesn't even come, he has his parents do drop off. When my lease is up I will owe close to $5k in mileage overage and wear to the vehicle. Im not able to afford that. This also takes 4 hours of my week and over 13k miles a year to my car. his commute is only 10k miles a year as the location ordered by the judge isn't exactly half way, and it is close to his work so he just picks up from that point vs his home address. Can this be petition in fam court and what is the likelihood it will be modified? We are currently in family court as he filed a petition to reduce child support.
I often times do not understand how divorces end up in a royal mess. You decided to allow the judge to decide your exchange location. The order came down. You didn't appeal. Now you are stuck with that decision until you can show a change of circumstances. You will lose if you argue that you are broke and he is rich. The other losing argument is that he relocated during the divorce.
However, I must say that the divorce judge was not very sympathetic to your plight. Driving distances in upstate New York are enormous. This makes your child a 'back-seat visitation' baby. For that I am very apologetic.
Nonetheless, you must react to his support petition perhaps with an upward modification petition. I would not suggest filing a visitation modification petition because you cannot predict whether the next judge will follow the divorce judge's approach or not. You could lose your kid in these courts if you do not play the game correctly.
As for specifics, we really cannot make suggestions given the lack of information contained in this question. Finances have nothing to do with visitation or custody. We do not know either the age or the inclination of the child. Many a mom have lost their child because the child said he wanted to live with dad. Then moms have to pay child support to dad. That sucks.
Always have a lawyer in family court and do not make a ket mistake: do not become adversarial with your lawyer. The enemies are many but your lawyer and you are alone.
Your post does not seem to set forth any facts that would indicate that you have grounds to seek a modification of the exchange location. I suggest you have your lawyer take a closer look at the issue.
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Yes, you may try to modify this in family court unless the Supreme Court order/ judgment states that it may only be modified in Supreme Court. I cannot offer good advice as to the likelihood it may be modified, but it is certainly worth trying.
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