Legal Question in Family Law in California

I am the non custodial parent of 2 boys. I have a court ordered visitation agreement with the custodial parent. The custodial parent is moving an additional 2 hours away from me.Turning a 4 hour transfer into a 6 hour transfer. She claims that because of the increase distance that she can no longer honor the visitation schedule. In addition I will have to drive and pay for this increase in transfer cost. I am an ambulatory Quadriplegic, 100% disabled,I live on 876.00 a month S.S.I. and it already costs me over a hundred bucks a month in gas just to pick up and return my children. She moved, I did not, does she have to drive and pick up the extra distance or is it split? Can she modify the visitation schedule with out court approval?


Asked on 2/08/12, 8:38 am

4 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Your ex must follow the existing parenting plan or face the possibility you will file an enforcement, contempt and attorney fees motion. Contact your center for independent living or other disability advocate to see if an experienced family law attorney can assist you before this problem goes too far.

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Answered on 2/08/12, 9:14 am
Brian McGinity McGinity Law Office

I agree with Ms. Kock. Your ex is out of line, however it is up to you to make sure the court knows what is going on and not let her get away with it. I think the idea of contacting your center for independent living or a disability advocate is a great idea. If that does not get you where you want to go, then I suggest you contact the family law facilitator's office in your county and get some help there. Good luck

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Answered on 2/08/12, 10:35 am
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

She cannot modify the schedule without a judge's approval. Here in my area, the judges typically force the move-away party to bear the entire cost of the travel expenses, unless they have a really good reason why they have no choice but to move further away. I think contacting the above-mentioned organizations may prove helpful, but you may also want to contact your local bar association to ask them to guide you to free services in your area. Good luck. For more information, visit http://www.ellifritzlaw.com

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Answered on 2/09/12, 12:19 am


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